BILL NUMBER: SB 1955	CHAPTERED  09/01/00

	CHAPTER   287
	FILED WITH SECRETARY OF STATE   SEPTEMBER 1, 2000
	APPROVED BY GOVERNOR   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	PASSED THE ASSEMBLY   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   JUNE 19, 2000
	AMENDED IN ASSEMBLY   JUNE 2, 2000
	AMENDED IN SENATE   APRIL 24, 2000
	AMENDED IN SENATE   MARCH 27, 2000

INTRODUCED BY   Committee on Public Safety (Senators Vasconcellos
(Chair), Burton, Johnston, McPherson, Polanco, and Rainey)

                        FEBRUARY 24, 2000

   An act to amend Section 1560 of the Evidence Code, to amend
Sections 190.9, 209, 266c, 273.5, 289.6, 290, 347, 600, 667.71,
832.6, 976.5, 999l, 1170.11, 1170.17, 1174.4, 1240.1, 2933.5, 3046,
11160, 11165.1, 12020, 12022.53, and 12280 of the Penal Code, and to
amend  Sections 21221.5 and 23612 of the Vehicle Code, and to amend
Sections 727.4 and 15610.63 of, and to amend and renumber Section
727.2 of, the Welfare and Institutions Code, relating to public
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1955, Committee on Public Safety.  Public safety.
   (1) Existing law deems satisfied the training requirements of a
reserve officer who has previously satisfied the training
requirements of the Commission on Peace Officer Standards and
Training and has been serving as a level I or II reserve officer in a
law enforcement agency, even if that reserve officer accepts a new
appointment at the same level in another law enforcement agency.
   This bill would require a reserve officer to satisfy current
training requirements if there has been more than a 3-year break in
service.  By increasing the duties of local officials, this bill
would impose a state-mandated local program.
   (2) Existing law authorizes the prosecution and punishment of a
person under the age of 18 years as an adult for a criminal offense
under specified circumstances upon a finding that the person is not a
fit and proper subject to be dealt with under the juvenile court
law.  Existing statutory language provides that, except as otherwise
provided, a person prosecuted under this provision must be sentenced
under the juvenile court law unless the district attorney
demonstrates by a preponderance of the evidence, that the person is a
fit and proper subject to be dealt with under the juvenile court law
based upon 5 specified circumstances.
   This bill would amend that provision to correct that statutory
language by providing that, except as otherwise provided, a person
prosecuted under this provision must be sentenced under the juvenile
court law unless the district attorney demonstrates by a
preponderance of the evidence, that the person is not a fit and
proper subject to be dealt with under the juvenile court law as
specified.
   (3) Existing law provides that when an accusatory pleading is
filed in Sierra County, and the defendant is in the custody of Nevada
County, the defendant may be arraigned in Nevada County.  Existing
law also provides for repeal of these provisions on January 1, 2001.

   This bill would instead provide that these provisions would be
repealed on January 1, 2005.
   (4) Existing law specifies that a person who drives a motor
vehicle is deemed to have given his or her consent to a chemical test
of his or her blood or breath for the purpose of determining the
alcoholic content of the blood if lawfully arrested for violating a
specified provision of law.
   This bill would correct a cross-reference in this provision.
   (5) Existing law provides that the court in any noncapital
criminal, juvenile court, or civil commitment case shall assign a
court reporter who uses computer aided transcription equipment to
report all proceedings, as specified.
   This bill would delete this assignment requirement imposed upon a
court in a noncapital criminal, juvenile court, or civil commitment
case and place the requirement instead on the municipal and superior
courts in which proceedings are conducted in any case in which a
death sentence may be imposed.
   (6) This bill would also make numerous technical, clarifying, and
nonsubstantive changes to various provisions of the Evidence, Penal,
Vehicle, and Welfare and Institutions Codes.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1560 of the Evidence Code is amended to read:
   1560.  (a) As used in this article:
   (1) "Business" includes every kind of business described in
Section 1270.
   (2) "Record" includes every kind of record maintained by a
business.
   (b) Except as provided in Section 1564, when a subpoena duces
tecum is served upon the custodian of records or other qualified
witness of a business in an action in which the business is neither a
party nor the place where any cause of action is alleged to have
arisen, and the subpoena requires the production of all or any part
of the records of the business, it is sufficient compliance therewith
if the custodian or other qualified witness, within five days after
the receipt of the subpoena in any criminal action or within the time
agreed upon by the party who served the subpoena and the custodian
or other qualified witness, or within 15 days after the receipt of
the subpoena in any civil action or within the time agreed upon by
the party who served the subpoena and the custodian or other
qualified witness, delivers by mail or otherwise a true, legible, and
durable copy of all the records described in the subpoena to the
clerk of the court or to the judge if there be no clerk or to another
person described in subdivision (c) of Section 2026 of the Code of
Civil Procedure, together with the affidavit described in Section
1561.
   (c) The copy of the records shall be separately enclosed in an
inner envelope or wrapper, sealed, with the title and number of the
action, name of witness, and date of subpoena clearly inscribed
thereon; the sealed envelope or wrapper shall then be enclosed in an
outer envelope or wrapper, sealed, and directed as follows:
   (1) If the subpoena directs attendance in court, to the clerk of
the court, or to the judge thereof if there be no clerk.
   (2) If the subpoena directs attendance at a deposition, to the
officer before whom the deposition is to be taken, at the place
designated in the subpoena for the taking of the deposition or at the
officer's place of business.
   (3) In other cases, to the officer, body, or tribunal conducting
the hearing, at a like address.
   (d) Unless the parties to the proceeding otherwise agree, or
unless the sealed envelope or wrapper is returned to a witness who is
to appear personally, the copy of the records shall remain sealed
and shall be opened only at the time of trial, deposition, or other
hearing, upon the direction of the judge, officer, body, or tribunal
conducting the proceeding, in the presence of all parties who have
appeared in person or by counsel at the trial, deposition, or
hearing.  Records which are original documents and which are not
introduced in evidence or required as part of the record shall be
returned to the person or entity from whom received.  Records which
are copies may be destroyed.
   (e) As an alternative to the procedures described in subdivisions
(b), (c), and (d), the subpoenaing party may direct the witness to
make the records available for inspection or copying by the party's
attorney, the attorney's representative, or deposition officer as
described in paragraph (3) of subdivision (d) of Section 2020 of the
Code of Civil Procedure, at the witness' business address under
reasonable conditions during normal business hours.  Normal business
hours, as used in this subdivision, means those hours that the
business of the witness is normally open for business to the public.
When provided with at least five business days' advance notice by
the party's attorney, attorney's representative, or deposition
officer, the witness shall designate a time period of not less than
six continuous hours on a date certain for copying of records subject
to the subpoena by the party's attorney, attorney's representative
or deposition officer.  It shall be the responsibility of the
attorney's representative to deliver any copy of the records as
directed in the subpoena.  Disobedience to the deposition subpoena
issued pursuant to this subdivision is punishable as provided in
subdivision (h) of Section 2020 of the Code of Civil Procedure.
  SEC. 2.  Section 190.9 of the Penal Code is amended to read:
   190.9.  (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the municipal and superior
courts, including all conferences and proceedings, whether in open
court, in conference in the courtroom, or in chambers, shall be
conducted on the record with a court reporter present.  The court
reporter shall prepare and certify a daily transcript of all
proceedings commencing with the preliminary hearing.  Proceedings
prior to the preliminary hearing shall be reported but need not be
transcribed until the municipal or superior court receives notice as
prescribed in paragraph (2) of subdivision (a).
   (2) Upon receiving notification from the prosecution that the
death penalty is being sought, the superior court shall notify the
court in which the preliminary hearing took place.  Upon this
notification, the court in which the preliminary hearing took place
shall order the transcription and preparation of the record of all
proceedings prior to and including the preliminary hearing in the
manner prescribed by the Judicial Council in the rules of court.  The
record of all proceedings prior to and including the preliminary
hearing shall be certified by the court no later than 120 days
following notification by the superior court unless the superior
court grants an extension of time pursuant to rules of court adopted
by the Judicial Council.  Upon certification, the court in which the
preliminary hearing took place shall forward the record to the
superior court for incorporation into the superior court record.
   (b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
   (2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment shall not be a ground for reversal.
   (c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of
subdivision (c) of Section 269 of the Code of Civil Procedure.
  SEC. 3.  Section 209 of the Penal Code is amended to read:
   209.  (a) Any person who seizes, confines, inveigles, entices,
decoys, abducts, conceals, kidnaps or carries away another person by
any means whatsoever with intent to hold or detain, or who holds or
detains, that person for ransom, reward or to commit extortion or to
exact from another person any money or valuable thing, or any person
who aids or abets any such act, is guilty of a felony, and upon
conviction thereof, shall be punished by imprisonment in the state
prison for life without possibility of parole in cases in which any
person subjected to any such act suffers death or bodily harm, or is
intentionally confined in a manner which exposes that person to a
substantial likelihood of death, or shall be punished by imprisonment
in the state prison for life with the possibility of parole in cases
where no such person suffers death or bodily harm.
   (b) (1) Any person who kidnaps or carries away any individual to
commit robbery, rape, spousal rape, oral copulation, sodomy, or
sexual penetration in violation of Section 289, shall be punished by
imprisonment in the state prison for life with possibility of parole.

   (2) This subdivision shall only apply if the movement of the
victim is beyond that merely incidental to the commission of, and
increases the risk of harm to the victim over and above that
necessarily present in, the intended underlying offense.
   (c) In all cases in which probation is granted, the court shall,
except in unusual cases where the interests of justice would best be
served by a lesser penalty, require as a condition of the probation
that the person be confined in the county jail for 12 months.  If the
court grants probation without requiring the defendant to be
confined in the county jail for 12 months, it shall specify its
reason or reasons for imposing a lesser penalty.
   (d) Subdivision (b) shall not be construed to supersede or affect
Section 667.61.  A person may be charged with a violation of
subdivision (b) and Section 667.61.  However, a person may not be
punished under subdivision (b) and Section 667.61 for the same act
that constitutes a violation of both subdivision (b) and Section
667.61.
  SEC. 4.  Section 266c of the Penal Code is amended to read:
   266c.  Every person who induces any other person to engage in
sexual intercourse, sexual penetration, oral copulation, or sodomy
when his or her consent is procured by false or fraudulent
representation or pretense that is made with the intent to create
fear, and which does induce fear, and that would cause a reasonable
person in like circumstances to act contrary to the person's free
will, and does cause the victim to so act, is punishable by
imprisonment in  a county jail for not more than one year or in the
state prison for two, three, or four years.
   As used in this section, "fear" means the fear of physical injury
or death to the person or to any relative of the person or member of
the person's family.
  SEC. 5.  Section 273.5 of the Penal Code is amended to read:
   273.5.  (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition, is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
   (b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
   (c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound or external or internal
injury, whether of a minor or serious nature, caused by a physical
force.
   (d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
   (e) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
   (f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
   (g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
   (1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
   (2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
   (3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
   (1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay.  In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support.  Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution
to the injured spouse, required by Section 1203.04, as operative on
or before August 2, 1995, or Section 1202.4, or to a shelter for
costs with regard to the injured spouse and dependents, required by
this section, until all separate property of the offending spouse is
exhausted.
  SEC. 6.  Section 289.6 of the Penal Code is amended to read:
   289.6.  (a) (1) An employee or officer of a public entity health
facility, or an employee, officer, or agent of a private person or
entity that provides a health facility or staff for a health facility
under contract with a public entity, who engages in sexual activity
with a consenting adult who is confined in a health facility is
guilty of a public offense.  As used in this paragraph, "health
facility" means a health facility as defined in subdivisions (b),
(e), (g), (h), and (j), and subparagraph (C) of paragraph (2) of
subdivision (i) of Section 1250 of the Health and Safety Code, in
which the victim has been confined involuntarily.
   (2) An employee or officer of a public entity detention facility,
or an employee, officer, or agent of a private person or entity that
provides a detention facility or staff for a detention facility, or
person or agent of a public or private entity under contract with a
detention facility, or a volunteer of a private or public entity
detention facility, who engages in sexual activity with a consenting
adult who is confined in a detention facility, is guilty of a public
offense.
   (3) An employee with a department, board, or authority under the
Youth and Adult Correctional Agency or a facility under contract with
a department, board, or authority under the Youth and Adult
Correctional Agency, who, during the course of his or her employment
directly provides treatment, care, control, or supervision of
inmates, wards, or parolees, and who engages in sexual activity with
a consenting adult who is an inmate, ward, or parolee, is guilty of a
public offense.
   (b) As used in this section, the term "public entity" means the
state, federal government, a city, a county, a city and county, a
joint county jail district, or any entity created as a result of a
joint powers agreement between two or more public entities.
   (c) As used in this section, the term "detention facility" means:

   (1) A prison, jail, camp, or other correctional facility used for
the confinement of adults or both adults and minors.
   (2) A building or facility used for the confinement of adults or
adults and minors pursuant to a contract with a public entity.
   (3) A room that is used for holding persons for interviews,
interrogations, or investigations and that is separate from a jail or
located in the administrative area of a law enforcement facility.
   (4) A vehicle used to transport confined persons during their
period of confinement.
   (5) A court holding facility located within or adjacent to a court
building that is used for the confinement of persons for the purpose
of court appearances.
   (d) As used in this section, "sexual activity" means:
   (1) Sexual intercourse.
   (2) Sodomy, as defined in subdivision (a) of Section 286.
   (3) Oral copulation, as defined in subdivision (a) of Section
288a.
   (4) Sexual penetration, as defined in subdivision (k) of Section
289.
   (5) The rubbing or touching of the breasts or sexual organs of
another, or of oneself in the presence of and with knowledge of
another, with the intent of arousing, appealing to, or gratifying the
lust, passions, or sexual desires of oneself or another.
   (e) Consent by a confined person or parolee to sexual activity
proscribed by this section is not a defense to a criminal prosecution
for violation of this section.
   (f) This section does not apply to sexual activity between
consenting adults that occurs during an overnight conjugal visit that
takes place pursuant to a court order or with the written approval
of an authorized representative of the public entity that operates or
contracts for the operation of the detention facility where the
conjugal visit takes place, to physical contact or penetration made
pursuant to a lawful search, or bona fide medical examinations or
treatments, including clinical treatments.
   (g) Any violation of paragraph (1) of subdivision (a), or a
violation of paragraph (2) or (3) of subdivision (a) as described in
paragraph (5) of subdivision (d), is a misdemeanor.
   (h) Any violation of paragraph (2) or (3) of subdivision (a), as
described in paragraph (1), (2), (3), or (4) of subdivision (d),
shall be punished by imprisonment in a county jail not exceeding one
year, or in the state prison, or by a fine of not more than ten
thousand dollars ($10,000) or by both that fine and imprisonment.
   (i) Any person previously convicted of a violation of this section
shall, upon a subsequent violation, be guilty of a felony.
   (j) Anyone who is convicted of a felony violation of this section
who is employed by a department, board, or authority within the Youth
and Adult Correctional Agency shall be terminated in accordance with
the State Civil Service Act (Part 2 (commencing with Section 18500)
of Title 2 of Division 5 of the Government Code).  Anyone who has
been convicted of a felony violation of this section shall not be
eligible to be hired or reinstated by a department, board, or
authority within the Youth and Adult Correctional Agency.
  SEC. 7.  Section 290 of the Penal Code is amended to read:
   290.  (a) (1) (A) Every person described in paragraph (2), for the
rest of his or her life while residing in, or, if he or she has no
residence, while located within California, or while attending school
or working in California, as described in subparagraph (G), shall be
required to register with the chief of police of the city in which
he or she is residing, or if he or she has no residence, is located,
or the sheriff of the county if he or she is residing, or if he or
she has no residence, is located, in an unincorporated area or city
that has no police department, and, additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing, or
if he or she has no residence, is located upon the campus or in any
of its facilities, within five working days of coming into, or
changing his or her residence or location within, any city, county,
or city and county, or campus in which he or she temporarily resides,
or, if he or she has no residence, is located.
   (B) If the person who is registering has more than one residence
address or location at which he or she regularly resides or is
located, he or she shall register in accordance with subparagraph (A)
in each of the jurisdictions in which he or she regularly resides or
is located.  If all of the addresses or locations are within the
same jurisdiction, the person shall provide the registering authority
with all of the addresses or locations where he or she regularly
resides or is located.
   (C) If the person who is registering has no residence address, he
or she shall update his or her registration no less than once every
90 days in addition to the requirement in subparagraph (A), on a form
as may be required by the Department of Justice, with the entity or
entities described in subparagraph (A) in whose jurisdiction he or
she is located at the time he or she is updating the registration.
   (D) Beginning on his or her first birthday following registration
or change of address, the person shall be required to register
annually, within five working days of his or her birthday, to update
his or her registration with the entities described in subparagraph
(A), including, verifying his or her name and address, or temporary
location, and place of employment including the name and address of
the employer, on a form as may be required by the Department of
Justice.
   (E) In addition, every person who  has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice.
   (F) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section.  The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN).
   (G) Persons required to register in their state of residence who
are out-of-state residents employed in California on a full-time or
part-time basis, with or without compensation, for more than 14 days,
or for an aggregate period exceeding 30 days in a calendar year,
shall register in accordance with subparagraph (A).  Persons
described in paragraph (2) who are out-of-state residents enrolled in
any educational institution in California, as defined in Section
22129 of the Education Code, on a full-time or part-time basis, shall
register in accordance with subparagraph (A).  The place where the
out-of-state resident is located, for purposes of registration, shall
be the place where the person is employed or attending school.  The
out-of-state resident subject to this subparagraph shall, in addition
to the information required pursuant to subdivision (e), provide the
registering authority with the name of his or her place of
employment or the name of the school attended in California, and his
or her address or location in his or her state of residence.  The
registration requirement for persons subject to this subparagraph
shall become operative on November 25, 2000.
   (2) The following persons shall be required to register pursuant
to paragraph (1):
   (A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, or paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, 266c, subdivision (b) of Section 266h, subdivision (b) of
Section 266i, 266j, 267, 269, 285, 286, 288, 288a, 288.5, or 289,
subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4,
311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of
Section 653f, subdivision 1 or 2 of Section 314, any offense
involving lewd or lascivious conduct under Section 272, or any felony
violation of Section 288.2; or any person who since that date has
been or is hereafter convicted of the attempt to commit any of the
above-mentioned offenses.
   (B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
   (C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code or any person who has been found
guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial.
   (D) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any state, federal, or
military court, of any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subparagraph (A) or any person ordered by any other
court, including any state, federal, or military court, to register
as a sex offender for any offense, if the court found at the time of
conviction or sentencing that the person committed the offense as a
result of sexual compulsion or for purposes of sexual gratification.

   (E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction or sentencing that the
person committed the offense as a result of sexual compulsion or for
purposes of sexual gratification.  The court shall state on the
record the reasons for its findings and the reasons for requiring
registration.
   (F) (i) Notwithstanding any other subdivision, a person who was
convicted before January 1, 1976, under subdivision (a) of Section
286, or Section 288a, shall not be required to register pursuant to
this section for that conviction if the conviction was for conduct
between consenting adults that was decriminalized by Chapter 71 of
the Statutes of 1975 or Chapter 1139 of the Statutes of 1976.  The
Department of Justice shall remove that person from the Sex Offender
Registry, and the person is discharged from his or her duty to
register pursuant to the following procedure:
                   (I) The person submits to the Department of
Justice official documentary evidence, including court records or
police reports, which demonstrate that the person's conviction
pursuant to either of those sections was for conduct between
consenting adults that was decriminalized; or
   (II) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
   (III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized.  If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to this
section, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register.  The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification.  If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to this section.  The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to this section.  Any person whose
claim has been denied by the department pursuant to this clause may
petition the court to appeal the department's denial of the person's
claim.
   (ii) On or before July 1, 1998, the department shall make a report
to the Legislature concerning the status of persons who may come
under the provisions of this subparagraph, including the number of
persons who were convicted before January 1, 1976, under subdivision
(a) of Section 286 or Section 288a and are required to register under
this section, the average age of these persons, the number of these
persons who have any subsequent convictions for a registerable sex
offense, and the number of these persons who have sought successfully
or unsuccessfully to be relieved of their duty to register under
this section.
   (b) (1) Any person who is released, discharged, or paroled from a
jail, state or federal prison, school, road camp, or other
institution where he or she was confined because of the commission or
attempted commission of one of the offenses specified in subdivision
(a) or is released from a state hospital to which he or she was
committed as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, shall, prior to discharge,
parole, or release, be informed of his or her duty to register under
this section by the official in charge of the place of confinement or
hospital, and the official shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to the person.  The official in charge of the place of
confinement or hospital shall obtain the address where the person
expects to reside upon his or her discharge, parole, or release and
shall report the address to the Department of Justice.
   (2) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release.  If
the conviction that makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice.
The official in charge of the place of confinement or hospital shall
retain one copy.
   (c) Any person who is convicted in this state of the commission or
attempted commission of any of the offenses specified in subdivision
(a) and who is released on probation, granted conditional release
without supervised probation, or discharged upon payment of a fine
shall, prior to release or discharge, be informed of the duty to
register under this section by the probation department, and a
probation officer shall require the person to read and sign any form
that may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her.  The probation officer shall obtain the address where
the person expects to reside upon release or discharge and shall
report within three days the address to the Department of Justice.
The probation officer shall give one copy of the form to the person,
send one copy to the Department of Justice, and forward one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release.
   (d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a
ward of the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to
registration under the procedures of this section.
   (2) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Department of the Youth
Authority, to the custody of which he or she was committed because of
an offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
paragraph (3), shall be subject to registration under the procedures
of this section.
   (3) Any person described in this subdivision who committed an
offense in violation of any of the following provisions shall be
required to register pursuant to this section:
   (A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
   (B) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
   (C) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
   (4) Prior to discharge or parole from the Department of the Youth
Authority, any person who is subject to registration under this
subdivision shall be informed of the duty to register under the
procedures set forth in this section.  Department of the Youth
Authority officials shall transmit the required forms and information
to the Department of Justice.
   (5) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code.  This subdivision shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
   (e) (1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under this section shall
preregister.  The preregistering official shall be the admitting
officer at the place of incarceration, placement, or commitment, or
the probation officer if the person is to be released on probation.
The preregistration shall consist of both of the following:
   (A) A preregistration statement in writing, signed by the person,
giving information that shall be required by the Department of
Justice.
   (B) The fingerprints and photograph of the person.
   (C) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
   (2) A person described in paragraph (2) of subdivision (a) shall
register, or reregister if the person has previously registered, upon
release from incarceration, placement, or commitment, pursuant to
paragraph (1) of subdivision (a).  The registration shall consist of
all of the following:
   (A) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
   (B) The fingerprints and photograph of the person.
   (C) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
   (D) Notice to the person that, in addition to the requirements of
paragraph (4), he or she may have a duty to register in any other
state where he or she may relocate.
   (E) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable.  If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register.  If the person claims that he or she
has a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the day he or she is allowed to register.
   (3) Within three days thereafter, the preregistering official or
the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the Department of Justice.
   (f) (1) If any person who is required to register pursuant to this
section changes his or her residence address or location, whether
within the jurisdiction in which he or she is currently registered or
to a new jurisdiction inside or outside the state, the person shall
inform, in writing within five working days, the law enforcement
agency or agencies with which he or she last registered of the new
address or location.  The law enforcement agency or agencies shall,
within three days after receipt of this information, forward a copy
of the change of address or location information to the Department of
Justice.  The Department of Justice shall forward appropriate
registration data to the law enforcement agency or agencies having
local jurisdiction of the new place of residence or location.
   (2) If the person's new address is in a Department of the Youth
Authority facility or a state prison or state mental institution, an
official of the place of incarceration, placement, or commitment
shall, within 90 days of receipt of the person, forward the
registrant's change of address information to the Department of
Justice.  The agency need not provide a physical address for the
registrant but shall indicate that he or she is serving a period of
incarceration or commitment in a facility under the agency's
jurisdiction.  This paragraph shall apply to persons received in a
Department of the Youth Authority facility or a state prison or state
mental institution on or after January 1, 1999.  The Department of
Justice shall forward the change of address information to the agency
with which the person last registered.
   (3) If any person who is required to register pursuant to this
section changes his or her name, the person shall inform, in person,
the law enforcement agency or agencies with which he or she is
currently registered within five working days.  The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three days of its receipt.
   (g) (1) Any person who is required to register under this section
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of this section is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
   (2) Except as provided in paragraphs (5) and (7), any person who
is required to register under this section based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of this section or who has a prior conviction or juvenile
adjudication for the offense of failing to register under this
section and who subsequently and willfully violates any requirement
of this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
   If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in this paragraph shall apply whether or not
the person has been released on parole or has been discharged from
parole.
   (3) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but
who has been found not guilty by reason of insanity in the sanity
phase of the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required under
this section pursuant to subdivision (d), but who has been found not
guilty by reason of insanity, who willfully violates any requirement
of this section is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding one year.  For any second
or subsequent willful violation of any requirement of this section,
the person is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
   (4) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this
subdivision, he or she shall be required to complete parole of at
least one year, in addition to any other punishment imposed under
this subdivision.  A person convicted of a felony as specified in
this subdivision may be granted probation only in the unusual case
where the interests of justice would best be served.  When probation
is granted under this paragraph, the court shall specify on the
record and shall enter into the minutes the circumstances indicating
that the interests of justice would best be served by the
disposition.
   (5) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subparagraph  (E) of paragraph (1) of
subdivision (a), shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year.
   (6) Except as otherwise provided in paragraph (5), and in addition
to any other penalty imposed under this subdivision, any person who
is required pursuant to subparagraph  (C) of paragraph (1) of
subdivision (a) to update his or her registration every 90 days and
willfully fails to update his or her registration is guilty of a
misdemeanor and shall be punished by imprisonment in a county jail
not exceeding six months.  Any subsequent violation of this
requirement that persons described in subparagraph (C) of paragraph
(1) of subdivision (a) shall update their registration every 90 days
is also a misdemeanor and shall be punished by imprisonment in a
county jail not exceeding six months.
   (7) Any person who fails to provide proof of residence as required
by subparagraph (E) of paragraph (2) of subdivision (e), regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
   (8) Any person who is required to register under this section who
willfully violates any requirement of this section is guilty of a
continuing offense.
   (h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the parole authority, the Youthful Offender Parole
Board, or the court, as the case may be, shall order the parole or
probation of the person revoked.  For purposes of this subdivision,
"parole authority" has the same meaning as described in Section 3000.

   (i) Except as provided in subdivisions (m) and (n) and Section
290.4, the statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
   (j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution.  This
subdivision shall not apply to any person who is temporarily released
under guard from the institution where he or she is confined.
   (k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
   (l) (1) Every person who, prior to January 1, 1997, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14
to five working days.  This notice shall be provided in writing by
the registering agency or agencies.  Failure to receive this
notification shall be a defense against the penalties prescribed by
subdivision (g) if the person did register within 14 days.
   (2) Every person who, as a sexually violent predator, as defined
in Section 6600 of the Welfare and Institutions Code, is required to
verify his or her registration every 90 days, shall be notified
wherever he or she next registers of his or her increased
registration obligations.  This notice shall be provided in writing
by the registering agency or agencies.  Failure to receive this
notice shall be a defense against the penalties prescribed by
paragraph (5) of subdivision (g).
   (m) (1) When a peace officer reasonably suspects, based on
information that has come to his or her attention through information
provided by any peace officer or member of the public, that a child
or other person may be at risk from a sex offender convicted of a
crime listed in paragraph (1) of subdivision (a) of Section 290.4, a
law enforcement agency may, notwithstanding any other provision of
law, provide any of the information specified in paragraph (4) of
this subdivision about that registered sex offender that the agency
deems relevant and necessary to protect the public, to the following
persons, agencies, or organizations the offender is likely to
encounter, including, but not limited to, the following:
   (A) Public and private educational institutions, day care
establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender.
   (B) Other community members at risk.
   (2) The law enforcement agency may authorize persons and entities
who receive the information pursuant to paragraph (1) to disclose
information to additional persons only if the agency does the
following:
   (A) Determines that all conditions set forth in paragraph (1) have
been satisfied regarding disclosure to the additional persons.
   (B) Identifies the appropriate scope of further disclosure.
   (3) Persons notified pursuant to paragraph (1) may disclose the
information provided by the law enforcement agency in the manner and
to the extent authorized by the law enforcement agency.
   (4) The information that may be disclosed pursuant to this section
includes the following:
   (A) The offender's full name.
   (B) The offender's known aliases.
   (C) The offender's gender.
   (D) The offender's race.
   (E) The offender's physical description.
   (F) The offender's photograph.
   (G) The offender's date of birth.
   (H) Crimes resulting in registration under this section.
   (I) The offender's address, which must be verified prior to
publication.
   (J) Description and license plate number of offender's vehicles or
vehicles the offender is known to drive.
   (K) Type of victim targeted by the offender.
   (L) Relevant parole or probation conditions, such as one
prohibiting contact with children.
   (M) Dates of crimes resulting in classification under this
section.
   (N) Date of release from confinement.
   However, information disclosed pursuant to this subdivision shall
not include information that would identify the victim.
   (5) If a law enforcement agency discloses information pursuant to
this subdivision, it shall include, with the disclosure, a statement
that the purpose of the release of the information is to allow
members of the public to protect themselves and their children from
sex offenders.
   (6) For purposes of this section, "likely to encounter" means both
of the following:
   (A) That the agencies, organizations, or other community members
are in a location or in close proximity to a location where the
offender lives or is employed, or that the offender visits or is
likely to visit on a regular basis.
   (B) The types of interaction that ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably probable.
   (7) For purposes of this section, "reasonably suspects" means that
it is objectively reasonable for a peace officer to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing when appropriate on his or her training and
experience, to suspect that a child or other person is at risk.
   (8) For purposes of this section, "at risk" means a person is or
may be exposed to a risk of becoming a victim of a sex offense
committed by the offender.
   (9) A law enforcement agency may continue to disclose information
on an offender under this subdivision for as long as the offender is
included in Section 290.4.
   (n) In addition to the procedures set forth elsewhere in this
section, a designated law enforcement entity may advise the public of
the presence of high-risk sex offenders in its community pursuant to
this subdivision.
   (1) For purposes of this subdivision:
   (A) A high-risk sex offender is a person who has been convicted of
an offense specified in paragraph (1) of subdivision (a) of Section
290.4, and also meets one of the following criteria:
   (i) Has been convicted of three or more violent sex offenses, at
least two of which were brought and tried separately.
   (ii) Has been convicted of two violent sex offenses and one or
more violent nonsex offenses, at least two of which were brought and
tried separately.
   (iii) Has been convicted of one violent sex offense and two or
more violent nonsex offenses, at least two of which were brought and
tried separately.
   (iv) Has been convicted of either two violent sex offenses or one
violent sex offense and one violent nonsex offense, at least two of
which were brought and tried separately, and has been arrested on
separate occasions for three or more violent sex offenses, violent
nonsex offenses, or associated offenses.
   (v) Has been adjudicated a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
   (B) A violent sex offense means any offense defined in Section
220, except attempt to commit mayhem, or Section 261, 264.1, 286,
288, 288a, 288.5, 289, or 647.6, or infliction of great bodily injury
during the commission of a sex offense, as provided in Section
12022.8.
   (C) A violent nonsex offense means any offense defined in Section
187, subdivision (a) of Section 192, or Section 203, 206, 207, or
236, provided that the offense is a felony, subdivision (a) of
Section 273a, Section 273d or 451, or attempted murder, as defined in
Sections 187 and 664.
   (D) An associated offense means any offense defined in Section
243.4, provided that the offense is a felony, Section 311.1, 311.2,
311.3, 311.4, 311.5, 311.6, 311.7, or 314, Section 459, provided the
offense is of the first degree, Section 597 or 646.9, subdivision
(d), (h), or (i) of Section 647, Section 653m, or infliction of great
bodily injury during the commission of a felony, as defined in
Section 12022.7.
                                                               (E)
For purposes of subparagraphs (B) to (D), inclusive, an arrest or
conviction for the statutory predecessor of any of the enumerated
offenses, or an arrest or conviction in any other jurisdiction for
any offense  that, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
those subparagraphs, is to be considered in determining whether an
offender is a high-risk sex offender.
   (F) For purposes of subparagraphs (B) to (D), inclusive, an arrest
as a juvenile or an adjudication as a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code for any of the offenses described in those subparagraphs is to
be considered in determining whether an offender is a high-risk sex
offender.
   (G) Notwithstanding subparagraphs (A) to (D), inclusive, an
offender shall not be considered to be a high-risk sex offender if
either of the following apply:
   (i) The offender's most recent conviction or arrest for an offense
described in subparagraphs (B) to (D), inclusive, occurred more than
five years prior to the high-risk assessment by the Department of
Justice, excluding periods of confinement.
   (ii) The offender notifies the Department of Justice, on a form
approved by the department and available at any sheriff's office,
that he or she has not been convicted in the preceding 15 years,
excluding periods of confinement, of an offense for which
registration is required under paragraph (2) of subdivision (a), and
the department is able, upon exercise of reasonable diligence, to
verify the information provided in paragraph (2).
   (H) "Confinement" means confinement in a jail, prison, school,
road camp, or other penal institution, confinement in a state
hospital to which the offender was committed as a mentally disordered
sex offender under Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, or confinement in a facility designated by the Director of
Mental Health to which the offender was committed as a sexually
violent predator under Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
   (I) "Designated law enforcement entity" means any of the
following:  municipal police department; sheriff's department;
district attorney's office; county probation department; Department
of Justice; Department of Corrections; Department of the Youth
Authority; Department of the California Highway Patrol; or the police
department of any campus of the University of California, California
State University, or community college.
   (2) The Department of Justice shall continually search the records
provided to it pursuant to subdivision (b) and identify, on the
basis of those records, high-risk sex offenders.  Four times each
year, the department shall provide to each chief of police and
sheriff in the state, and to any other designated law enforcement
entity upon request, the following information regarding each
identified high-risk sex offender:  full name; known aliases; gender;
race; physical description; photograph; date of birth; and crimes
resulting in classification under this section.
   (3) The Department of Justice and any designated law enforcement
entity to which notice has been given pursuant to paragraph (2) may
cause to be made public, by whatever means the agency deems necessary
to ensure the public safety, based upon information available to the
agency concerning a specific person, including, but not limited to,
the information described in paragraph (2); the offender's address,
which shall be verified prior to publication; description and license
plate number of the offender's vehicles or vehicles the offender is
known to drive; type of victim targeted by the offender; relevant
parole or probation conditions, such as one prohibiting contact with
children; dates of crimes resulting in classification under this
section; and date of release from confinement; but excluding
information that would identify the victim.
   (4) Notwithstanding any other provision of law, any person
described in paragraph (2) of subdivision (p) who receives
information from a designated law enforcement entity pursuant to
paragraph (3) of subdivision (n) may disclose that information in the
manner and to the extent authorized by the law enforcement entity.
   (o) Agencies disseminating information to the public pursuant to
Section 290.4 shall maintain records of those persons requesting to
view the CD-ROM or other electronic media for a minimum of five
years.  Agencies disseminating information to the public pursuant to
subdivision (n) shall maintain records of the means and dates of
dissemination for a minimum of five years.
   (p) (1) Any law enforcement agency and employees of any law
enforcement agency shall be immune from liability for good faith
conduct under this section.  For the purposes of this section, "law
enforcement agency" means the Attorney General of California, every
district attorney, and every state or local agency expressly
authorized by statute to investigate or prosecute law violators.
   (2) Any public or private educational institution, day care
facility, or any child care custodian described in Section 11165.7,
or any employee of a public or private educational institution or day
care facility which in good faith disseminates information as
authorized pursuant to paragraph (3) of subdivision (m) or paragraph
(4) of subdivision (n) that is provided by a law enforcement agency
or an employee of a law enforcement agency shall be immune from civil
liability.
   (q) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
   (2) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000).
   (r) The registration and public notification provisions of this
section are applicable to every person described in this section,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in this section, regardless of when it was
committed.
  SEC. 8.  Section 347 of the Penal Code is amended to read:
   347.  (a) (1) Every person who willfully mingles any poison or
harmful substance with any food, drink, medicine, or pharmaceutical
product or who willfully places any poison or harmful substance in
any spring, well, reservoir, or public water supply, where the person
knows or should have known that the same would be taken by any human
being to his or her injury, is guilty of a felony punishable by
imprisonment in the state prison for two, four, or five years.
   (2) Any violation of paragraph (1) involving the use of a poison
or harmful substance that may cause death if ingested or that causes
the infliction of great bodily injury on any person shall be punished
by an additional term of three years.
   (b) Any person who maliciously informs any other person that a
poison or other harmful substance has been or will be placed in any
food, drink, medicine, pharmaceutical product, or public water
supply, knowing that such report is false, is guilty of a crime
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not to exceed one year.
   (c) The court may impose the maximum fine for each item tampered
with in violation of subdivision (a).
  SEC. 9.  Section 600 of the Penal Code is amended to read:
   600.  (a) Any person who willfully and maliciously and with no
legal justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense.  If
the injury inflicted is a serious injury, as defined in subdivision
(c), the person shall be punished by imprisonment in the state prison
for 16 months, two or three years, or in a county jail for not
exceeding one year, or by a fine not exceeding two thousand dollars
($2,000), or by both a fine and imprisonment.  If the injury
inflicted is not a serious injury, the person shall be punished by
imprisonment in the county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
   (b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
   (c) Any person who, in violation of this section, and with intent
to inflict such injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment in the state prison for one
year.
   (d) Any person who, in violation of this section, and with the
intent to inflict such injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under  this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
   (e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.
  SEC. 10.  Section 667.71 of the Penal Code is amended to read:
   667.71.  (a) For the purpose of this section, a habitual sexual
offender is a person who has been previously convicted of one or more
of the offenses listed in subdivision (c) and who is convicted in
the present proceeding of one of those offenses.
   (b) A habitual sexual offender is punishable by imprisonment in
the state prison for 25 years to life.  Article 2.5 (commencing with
Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce
any minimum term of 25 years in the state prison imposed pursuant to
this section.  However, in no case shall the minimum term of 25
years be reduced by more than 15 percent for credits granted pursuant
to Section 2933, 4019, or any other law providing for conduct credit
reduction.  In no case shall any person who is punished under this
section be released on parole prior to serving at least 85 percent of
the minimum term of 25 years in the state prison.
   (c) This section shall apply to any of the following offenses:
   (1) A violation of paragraph (2) of subdivision (a) of Section
261.
   (2) A violation of paragraph (1) of subdivision (a) of Section
262.
   (3) A violation of Section 264.1.
   (4) A violation of subdivision (a) or (b) of Section 288.
   (5) A violation of subdivision (a) of Section 289.
   (6) A violation of Section 288.5.
   (7) A violation of subdivision (c) of Section 286 by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (8) A violation of subdivision (d) of Section 286.
   (9) A violation of subdivision (c) or (d) of Section 288a by
force, violence, duress, menace, or fear of immediate and unlawful
bodily injury on the victim or another person.
   (10) A violation of subdivision (b) of Section 207.
   (11) A violation of former subdivision (d) of Section 208
(kidnapping to commit specified sex offenses).
   (12) Kidnapping in violation of Section 209 with the intent to
commit rape, spousal rape, oral copulation, or sodomy or sexual
penetration in violation of Section 289.
   (13) A violation of Section 269.
   (14) An offense committed in another jurisdiction that has all the
elements of an offense specified in paragraphs (1) to (13),
inclusive, of this subdivision.
   (d) This section shall apply only if the defendant's status as a
habitual sexual offender is alleged in the information, and either
admitted by the defendant in open court, or found to be true by the
jury trying the issue of guilt or by the court where guilt is
established by a plea of guilty or nolo contendere or by trial by
court sitting without a jury.
  SEC. 11.  Section 832.6 of the Penal Code is amended to read:
   832.6.  (a) Every person deputized or appointed, as described in
subdivision (a) of Section 830.6, shall have the powers of a peace
officer only when the person is any of the following:
   (1) A level I reserve officer deputized or appointed pursuant to
paragraph (1) or (2) of subdivision (a) or subdivision (b) of Section
830.6 and assigned to the prevention and detection of crime and the
general enforcement of the laws of this state, whether or not working
alone, and the person has completed the basic training course for
deputy sheriffs and police officers prescribed by the Commission on
Peace Officer Standards and Training.  For level I reserve officers
appointed prior to January 1, 1997, the basic training requirement
shall be the course that was prescribed at the time of their
appointment.  Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
   (2) A level II reserve officer assigned to the prevention and
detection of crime and the general enforcement of the laws of this
state while under the immediate supervision of a peace officer who
has completed the basic training course for deputy sheriffs and
police officers prescribed by the Commission on Peace Officer
Standards and Training, and the level II reserve officer has
completed the course required by Section 832 and any other training
prescribed by the commission.
   Level II reserve officers appointed pursuant to this paragraph may
be assigned, without immediate supervision, to  those limited duties
that are authorized for level III reserve officers pursuant to
paragraph (3).  Reserve officers appointed pursuant to this paragraph
shall satisfy the continuing professional training requirement
prescribed by the commission.
   (3) Level III reserve officers may be deployed and are authorized
only to carry out limited support duties not requiring general law
enforcement powers in their routine performance.  Those limited
duties shall include traffic control, security at parades and
sporting events, report taking, evidence transportation, parking
enforcement, and other duties that are not likely to result in
physical arrests.  Level III reserve officers while assigned these
duties shall be supervised in the accessible vicinity by a level I
reserve officer or a full-time, regular peace officer employed by a
law enforcement agency authorized to have reserve officers.  Level
III reserve officers may transport prisoners without immediate
supervision.  Those persons shall have completed the training
required under Section 832 and any other training prescribed by the
commission for those persons.
   (4) A person assigned to the prevention and detection of a
particular crime or crimes or to the detection or apprehension of a
particular individual or individuals while working under the
supervision of a California peace officer in a county adjacent to the
state border who possesses a basic certificate issued by the
Commission on Peace Officer Standards and Training, and the person is
a law enforcement officer who is regularly employed by a local or
state law enforcement agency in an adjoining state and has completed
the basic training required for peace officers in his or her state.
   (5) For purposes of this section, a reserve officer who has
previously satisfied the training requirements pursuant to this
section, and has served as a level I or II reserve officer within the
three-year period prior to the date of a new appointment shall be
deemed to remain qualified as to the Commission on Peace Officer
Standards and Training requirements if that reserve officer accepts a
new appointment at the same or lower level with another law
enforcement agency.  If the reserve officer has more than a
three-year break in service, he or she shall satisfy current training
requirements.
   This training shall fully satisfy any other training requirements
required by law, including those specified in Section 832.
   In no case shall a peace officer of an adjoining state provide
services within a California jurisdiction during any period in which
the regular law enforcement agency of the jurisdiction is involved in
a labor dispute.
   (b) Notwithstanding subdivision (a), a person who is issued a
level I reserve officer certificate before January 1, 1981, shall
have the full powers and duties of a peace officer as provided by
Section 830.1 if so designated by local ordinance or, if the local
agency is not authorized to act by ordinance, by resolution, either
individually or by class, if the appointing authority determines the
person is qualified to perform general law enforcement duties by
reason of the person's training and experience.  Persons who were
qualified to be issued the level I reserve officer certificate before
January 1, 1981, and who state in writing under penalty of perjury
that they applied for but were not issued the certificate before
January 1, 1981, may be issued the certificate before July 1, 1984.
For purposes of this section, certificates so issued shall be deemed
to have the full force and effect of any level I reserve officer
certificate issued prior to January 1, 1981.
   (c) In carrying out this section, the commission:
   (1) May use proficiency testing to satisfy reserve training
standards.
   (2) Shall provide for convenient training to remote areas in the
state.
   (3) Shall establish a professional certificate for reserve
officers as defined in paragraph (1) of subdivision (a) and may
establish a professional certificate for reserve officers as defined
in paragraphs (2) and (3) of subdivision (a).
   (4) Shall facilitate the voluntary transition of reserve officers
to regular officers with no unnecessary redundancy between the
training required for level I and level II reserve officers.
   (5) Shall develop a supplemental course for existing level I
reserve officers desiring to satisfy the basic training course for
deputy sheriffs and police officers.
   (d) In carrying out paragraphs (1) and (3) of subdivision (c), the
commission may establish and levy appropriate fees, provided the
fees do not exceed the cost for administering the respective
services.  These fees shall be deposited in the Peace Officers'
Training Fund established by Section 13520.
   (e) The commission shall include an amount in its annual budget
request to carry out this section.
  SEC. 12.  Section 976.5 of the Penal Code is amended to read:
   976.5.  (a) Notwithstanding any other provision of law, when an
accusatory pleading is filed in Sierra County and the defendant is in
the custody of Nevada County, he or she may be arraigned before a
court in Nevada County.
   (b) This section shall not interfere with the right of a defendant
to demur to an accusatory pleading, as specified in Chapter 3
(commencing with Section 1002) of Title 6.
   (c) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1,  2005, deletes or extends
that date.
  SEC. 13.  Section 999l of the Penal Code is amended to read:
   999l.  (a) An individual shall be the subject of a repeat sexual
offender prosecution effort who is under arrest for the commission or
attempted commission of one or more of the following offenses:
assault with intent to commit rape, sodomy, oral copulation or any
violation of Section 264.1, Section 288, or Section 289; rape, in
violation of Section 261; sexual battery, in violation of Section
243.4; sodomy, in violation of Section 286; lewd acts on a child
under 14, in violation of Section 288; oral copulation, in violation
of Section 288a; sexual penetration, in violation of Section 289; and
(1) who is being prosecuted for offenses involving two or more
separate victims, or (2) who is being prosecuted for the commission
or attempted commission of three or more separate offenses not
arising out of the same transaction involving one or more of the
above-listed offenses, or (3) who has suffered at least one
conviction during the preceding 10 years for any of the above-listed
offenses.  For purposes of this chapter, the 10-year periods
specified in this section shall be exclusive of any time which the
arrested person has served in state prison or in a state hospital
pursuant to a commitment as a mentally disordered sex offender.
   (b) In applying the repeat sexual offender selection criteria set
forth above:  (1) a district attorney may elect to limit repeat
sexual offender prosecution efforts to persons arrested for any one
or more of the offenses listed in subdivision (a) if crime statistics
demonstrate that the incidence of such one or more offenses presents
a particularly serious problem in the county; (2) a district
attorney shall not reject cases for filing exclusively on the basis
that there is a family or personal relationship between the victim
and the alleged offender.
   (c) In exercising the prosecutorial discretion granted by Section
999n, the district attorney shall consider the following:  (1) the
character, the background, and prior criminal background of the
defendant, and (2) the number and seriousness of the offenses
currently charged against the defendant.
  SEC. 14.  Section 1170.11 of the Penal Code is amended to read:
   1170.11.  As used in Section 1170.1, the term "specific
enhancement" includes, but is not limited to, the enhancements
provided in Sections 186.10, 186.11, 186.22, 186.26, 186.33, 273.4,
289.5, 290, 290.4, 347, and 368, subdivisions (a), (b), and (c) of
Section 422.75, paragraphs (2), (3), (4), and (5) of subdivision (a)
of Section 451.1, paragraphs (2), (3), and (4) of subdivision (a) of
Section 452.1, subdivision (g) of Section 550, Sections 593a, 600,
667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 12021.5,
12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55,
12022.6, 12022.7, 12022.75, 12022.8, 12022.85, 12022.9, 12022.95,
12072, and 12280 of this code, and in Sections 1522.01 and 11353.1,
subdivision (b) of Section 11353.4, Sections 11353.6, 11356.5,
11370.4, 11379.7, 11379.8, 11379.9, 11380.1, 11380.5, 25189.5, and
25189.7 of the Health and Safety Code, and in Sections 20001 and
23558 of the Vehicle Code, and in Section 10980 of the Welfare and
Institutions Code.
  SEC. 15.  Section 1170.17 of the Penal Code is amended to read:
   1170.17.  (a) When a person is prosecuted for a criminal offense
committed while he or she was under the age of 18 years and the
prosecution is lawfully initiated in a court of criminal jurisdiction
without a prior finding that the person is not a fit and proper
subject to be dealt with under the juvenile court law, upon
subsequent conviction for any criminal offense, the person shall be
subject to the same sentence as an adult convicted of the identical
offense, in accordance with the provisions set forth in subdivision
(a) of Section 1170.19, except under the circumstances described in
subdivision (b) or (c).
   (b) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is not a fit and proper subject to be dealt with under the
juvenile court law, and the prosecution for the offense could not
lawfully be initiated in a court of criminal jurisdiction, then
either of the following shall apply:
   (1) The person shall be subject to the same sentence as an adult
convicted of the identical offense in accordance with the provisions
set forth in subdivision (a) of Section 1170.19, unless the person
prevails upon a motion brought pursuant to paragraph (2).
   (2) Upon a motion brought by the person, the court shall order the
probation department to prepare a written social study and
recommendation concerning the person's fitness to be dealt with under
the juvenile court law and the court shall either conduct a fitness
hearing or suspend proceedings and remand the matter to the juvenile
court to prepare a social study and make a determination of fitness.
The person shall receive a disposition under the juvenile court law
only if the person demonstrates, by a preponderance of the evidence,
that he or she is a fit and proper subject to be dealt with under the
juvenile court law, based upon each of the following five criteria:

   (A) The degree of criminal sophistication exhibited by the person.

   (B) Whether the person can be rehabilitated prior to the
expiration of the juvenile court's jurisdiction.
   (C) The person's previous delinquent history.
   (D) Success of previous attempts by the juvenile court to
rehabilitate the person.
   (E) The circumstances and gravity of the offense for which the
person has been convicted.
   If the court conducting the fitness hearing finds that the person
is not a fit and proper subject for juvenile court jurisdiction, then
the person shall be sentenced by the court where he or she was
convicted, in accordance with the provisions of
                             paragraph (1).  If the court conducting
the hearing on fitness finds that the person is a fit and proper
subject for juvenile court jurisdiction, then the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.
   (c) Where the conviction is for the type of offense which, in
combination with the person's age at the time the offense was
committed, makes the person eligible for transfer to a court of
criminal jurisdiction, pursuant to a rebuttable presumption that the
person is a fit and proper subject to be dealt with under the
juvenile court law, then the person shall be sentenced as follows:
   (1) The person shall be subject to a disposition under the
juvenile court law, in accordance with the provisions of subdivision
(b) of Section 1170.19, unless the district attorney prevails upon a
motion, as described in paragraph (2).
   (2) Upon a motion brought by the district attorney, the court
shall order the probation department to prepare a written social
study and recommendation concerning whether the person is a fit and
proper subject to be dealt with under the juvenile court law.  The
court shall either conduct a fitness hearing or suspend proceedings
and remand the matter to the juvenile court for a determination of
fitness.  The person shall be subject to a juvenile disposition under
the juvenile court law unless the district attorney demonstrates, by
a preponderance of the evidence, that the person is not a fit and
proper subject to be dealt with under the juvenile court law, based
upon the five criteria set forth in paragraph (2) of subdivision (b).
  If the person is found to be not a fit and proper subject to be
dealt with under the juvenile court law, then the person shall be
sentenced in the court where he or she was convicted, in accordance
with the provisions set forth in subdivision (a) of Section 1170.19.
If the person is found to be a fit and proper subject to be dealt
with under the juvenile court law, the person shall be subject to a
disposition, in accordance with the provisions of subdivision (b) of
Section 1170.19.
   (d) Where the conviction is for the type of offense which, in
combination with the person's age, does not make the person eligible
for transfer to a court of criminal jurisdiction, the person shall be
subject to a disposition in accordance with the provisions of
subdivision (b) of Section 1170.19.
  SEC. 16.  Section 1174.4 of the Penal Code is amended to read:
   1174.4.  (a) Persons eligible for participation in this
alternative sentencing program shall meet all of the following
criteria:
   (1) Pregnant women with an established history of substance abuse,
or pregnant or parenting women with an established history of
substance abuse who have one or more children under six years old at
the time of entry into the program.  For women with children, at
least one eligible child shall reside with the mother in the
facility.
   (2) Never served a prior prison term for, nor been convicted in
the present proceeding of, committing or attempting to commit, any of
the following offenses:
   (A) Murder or voluntary manslaughter.
   (B) Mayhem.
   (C) Rape.
   (D) Kidnapping.
   (E) Sodomy by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another person.

   (F) Oral copulation by force, violence, duress, menace, or fear of
immediate and unlawful bodily injury on the victim or another
person.
   (G) Lewd acts on a child under 14 years of age, as defined in
Section 288.
   (H) Any felony punishable by death or imprisonment in the state
prison for life.
   (I) Any felony in which the defendant inflicts great bodily injury
on any person, other than an accomplice, that has been charged and
proved as provided for in Section 12022.53, 12022.7 or 12022.9, or
any felony in which the defendant uses a firearm, as provided in
Section 12022.5, 12022.53, or 12022.55, in which the use has been
charged and proved.
   (J) Robbery.
   (K) Any robbery perpetrated in an inhabited dwelling house or
trailer coach as defined in the Vehicle Code, or in the inhabited
portion of any other building, wherein it is charged and proved that
the defendant personally used a deadly or dangerous weapon, as
provided in subdivision (b) of Section 12022, in the commission of
that robbery.
   (L) Arson in violation of subdivision (a) of Section 451.
   (M) Sexual penetration in violation of subdivision (a) of Section
289 if the act is accomplished against the victim's will by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person.
   (N) Rape or sexual penetration in concert, in violation of Section
264.1.
   (O) Continual sexual abuse of a child in violation of Section
288.5.
   (P) Assault with intent to commit mayhem, rape, sodomy, oral
copulation, rape in concert, with another, lascivious acts upon a
child, or penetration by a foreign object.
   (Q) Assault with a deadly weapon or with force likely to produce
great bodily injury in violation of subdivision (a) of Section 245.
   (R) Any violent felony defined in Section 667.5.
   (S) A violation of Section 12022.
   (T) A violation of Section 12308.
   (U) Burglary of the first degree.
   (V) A violation of Section 11351, 11351.5, 11352, 11353, 11358,
11359, 11360, 11370.1, 11370.6, 11378, 11378.5, 11379, 11379.5,
11379.6, 11380, or 11383 of the Health and Safety Code.
   (3) Has not been sentenced to state prison for a term exceeding 36
months.
   (b) Prior to sentencing, if the court proposes to give
consideration to a placement, the court shall consider a written
evaluation by the probation department, which shall include the
following:
   (1) Whether the defendant is eligible for participation pursuant
to this section.
   (2) Whether participation by the defendant and her eligible
children is deemed to be in the best interests of the children.
   (3) Whether the defendant is amenable to treatment for substance
abuse and would benefit from participation in the program.
   (4) Whether the program is deemed to be in the best interests of
an eligible child of the defendant, as determined by a representative
of the appropriate child welfare services agency of the county if
the child is a dependent child of the juvenile court pursuant to
Section 300 of the Welfare and Institutions Code.
   (c) The district attorney shall make a recommendation to the court
as to whether or not the defendant would benefit from the program,
which the court shall consider in making its decision.  If the court'
s decision is without the concurrence of the district attorney, the
court shall specify its reasons in writing and enter them into the
record.
   (d) If the court determines that the defendant may benefit from
participation in this program, the court may impose a state prison
sentence with the recommendation that the defendant participate in
the program pursuant to this chapter.  The court shall notify the
department within 48 hours of imposition of this sentence.
   (e) The Director of Corrections shall consider the court's
recommendation in making a determination on the inmate's placement in
the program.
   (f) Women accepted for the program by the Director of Corrections
shall be delivered by the county, pursuant to Section 1202a, to the
facility selected by the department.  Before the director accepts a
woman for the program, the county shall provide to the director the
necessary information to determine her eligibility and appropriate
placement status.  Priority for services and aftercare shall be given
to inmates who are incarcerated in a county, or adjacent to a
county, in which a program facility is located.
   (g) Prior to being admitted to the program, each participant shall
voluntarily sign an agreement specifying the terms and conditions of
participation in the program.
   (h) The department may refer inmates back to the sentencing court
if the department determines that an eligible inmate has not been
recommended for the program.  The department shall refer the inmate
to the court by an evaluative report so stating the department's
assessment of eligibility, and requesting a recommendation by the
court.
   (i) Women who successfully complete the program, including the
minimum of one year of transition services under intensive parole
supervision, shall be discharged from parole.  Women who do not
successfully complete the program shall be returned to the state
prison where they shall serve their original sentences.  These
persons shall receive full credit against their original sentences
for the time served in the program, pursuant to Section 2933.
  SEC. 17.  Section 1240.1 of the Penal Code is amended to read:
   1240.1.  (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal.  The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal.  The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed.  Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
   (b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
   With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading or transcript of oral proceedings would not
be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court.  The
executing of the notice of appeal by the defendant's attorney shall
not constitute an undertaking to represent the defendant on appeal
unless the undertaking is expressly stated in the notice of appeal.
   If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt.  The appellate court shall act upon
that motion without unnecessary delay.  An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
   (c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
   (d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court.
   (e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties.  Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of both municipal
and superior court proceedings.
   (2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the Supreme Court in a manner provided by rules of court
adopted by the Judicial Council.
  SEC. 18.  Section 2933.5 of the Penal Code is amended to read:
   2933.5.  (a) (1) Notwithstanding any other provision of law, every
person who is convicted of any felony offense listed in paragraph
(2), and who previously has been convicted two or more times, on
charges separately brought and tried, and who previously has served
two or more separate prior prison terms, as defined in subdivision
(g) of Section 667.5, of any offense or offenses listed in paragraph
(2), shall be ineligible to earn credit on his or her term of
imprisonment pursuant to this chapter.
   (2) As used in this subdivision, "felony offense" includes any of
the following:
   (A) Murder, as defined in Sections 187 and 189.
   (B) Voluntary manslaughter, as defined in subdivision (a) of
Section 192.
   (C) Mayhem as defined in Section 203.
   (D) Aggravated mayhem, as defined in Section 205.
   (E) Kidnapping, as defined in Section 207, 209, or 209.5.
   (F) Assault with vitriol, corrosive acid, or caustic chemical of
any nature, as described in Section 244.
   (G) Rape, as defined in paragraph (2) or (6) of subdivision (a) of
Section 261 or paragraph (1) or (4) of subdivision (a) of Section
262.
   (H) Sodomy by means of force, violence, duress, menace or fear of
immediate and unlawful bodily injury on the victim or another person,
as described in subdivision (c) of Section 286.
   (I) Sodomy while voluntarily acting in concert, as described in
subdivision (d) of Section 286.
   (J) Lewd or lascivious acts on a child under the age of 14 years,
as described in subdivision (b) of Section 288.
   (K) Oral copulation by means of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the victim or
another person, as described in subdivision (c) of Section 288a.
   (L) Continuous sexual abuse of a child, as described in Section
288.5.
   (M) Sexual penetration, as described in subdivision (a) of Section
289.
   (N) Exploding a destructive device or explosive with intent to
injure, as described in Section 12303.3, with intent to murder, as
described in Section 12308, or resulting in great bodily injury or
mayhem, as described in Section 12309.
   (O) Any felony in which the defendant personally inflicted great
bodily injury, as provided in Section 12022.53 or 12022.7.
   (b) A prior conviction of an offense listed in subdivision (a)
shall include a conviction in another jurisdiction for an offense
which includes all of the elements of the particular felony as
defined under California law.
   (c) This section shall apply whenever the present felony is
committed on or after the effective date of this section, regardless
of the date of commission of the prior offense or offenses resulting
in credit-earning ineligibility.
   (d) This section shall be in addition to, and shall not preclude
the imposition of, any applicable sentence enhancement terms, or
probation ineligibility and habitual offender provisions authorized
under any other section.
  SEC. 19.  Section 3046 of the Penal Code is amended to read:
   3046.  (a) No prisoner imprisoned under a life sentence may be
paroled until he or she has served the greater of the following:
   (1) A term of at least seven calendar years.
   (2) A term as established pursuant to any other provision of law
that establishes a minimum term or minimum period of confinement
under a life sentence before eligibility for parole.
   (b) If two or more life sentences are ordered to run consecutively
to each other pursuant to Section 669, no prisoner so imprisoned may
be paroled until he or she has served the term specified in
subdivision (a) on each of the life sentences that are ordered to run
consecutively.
   (c) The Board of Prison Terms shall, in considering a parole for a
prisoner, consider all statements and recommendations which may have
been submitted by the judge, district attorney, and sheriff,
pursuant to Section 1203.01, or in response to notices given under
Section 3042, and recommendations of other persons interested in the
granting or denying of the parole.  The board shall enter on its
order granting or denying parole to these prisoners, the fact that
the statements and recommendations have been considered by it.
  SEC. 20.  Section 11160 of the Penal Code is amended to read:
   11160.  (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
   (1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
   (2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
   (b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
   (1) A report by telephone shall be made immediately or as soon as
practically possible.
   (2) A written report shall be prepared and sent to a local law
enforcement agency within two working days of receiving the
information regarding the person.
   (3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
   (4) The report shall include, but shall not be limited to, the
following:
   (A) The name of the injured person, if known.
   (B) The injured person's whereabouts.
   (C) The character and extent of the person's injuries.
   (D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
   (c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
   (d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
   (1) Murder, in violation of Section 187.
   (2) Manslaughter, in violation of Section 192 or 192.5.
   (3) Mayhem, in violation of Section 203.
   (4) Aggravated mayhem, in violation of Section 205.
   (5) Torture, in violation of Section 206.
   (6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
   (7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
   (8) Battery, in violation of Section 242.
   (9) Sexual battery, in violation of Section 243.4.
   (10) Incest, in violation of Section 285.
   (11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
   (12) Assault with a stun gun or taser, in violation of Section
244.5.
   (13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
   (14) Rape, in violation of Section 261.
   (15) Spousal rape, in violation of Section 262.
   (16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
   (17) Child abuse or endangerment, in violation of Section 273a or
273d.
   (18) Abuse of spouse or cohabitant, in violation of Section 273.5.

   (19) Sodomy, in violation of Section 286.
   (20) Lewd and lascivious acts with a child, in violation of
Section 288.
   (21) Oral copulation, in violation of Section 288a.
   (22) Sexual penetration, in violation of Section 289.
   (23) Elder abuse, in violation of Section 368.
   (24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
   (e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b).  The written report shall be signed by the
selected member of the reporting team.  Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
   (f) The reporting duties under this section are individual, except
as provided in subdivision (e).
   (g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report.  However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article.  The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
   (h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.
  SEC. 21.  Section 11165.1 of the Penal Code is amended to read:
   11165.1.  As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
   (a) "Sexual assault" means conduct in violation of one or more of
the following sections:  Section 261 (rape), subdivision (d) of
Section 261.5 (statutory rape), 264.1 (rape in concert), 285
(incest), 286 (sodomy), subdivision (a) or (b), or paragraph (1) of
subdivision (c) of Section 288 (lewd or lascivious acts upon a
child), 288a (oral copulation), 289 (sexual penetration), or 647.6
(child molestation).
   (b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
   (1) Any penetration, however slight, of the vagina or anal opening
of one person by the penis of another person, whether or not there
is the emission of semen.
   (2) Any sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
   (3) Any intrusion by one person into the genitals or anal opening
of another person, including the use of any object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
   (4) The intentional touching of the genitals or intimate parts
(including the breasts, genital area, groin, inner thighs, and
buttocks) or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
   (5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
   (c) "Sexual exploitation" refers to any of the following:
   (1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
   (2) Any person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or any person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct.  For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
                                                          (3) Any
person who depicts a child in, or who knowingly develops, duplicates,
prints, or exchanges, any film, photograph, video tape, negative, or
slide in which a child is engaged in an act of obscene sexual
conduct, except for those activities by law enforcement and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.
  SEC. 22.  Section 12020 of the Penal Code is amended to read:
   12020.  (a) Any person in this state who does any of the following
is punishable by imprisonment in a county jail not exceeding one
year or in the state prison:
   (1) Manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives,
lends, or possesses any cane gun or wallet gun, any undetectable
firearm, any firearm which is not immediately recognizable as a
firearm, any camouflaging firearm container, any ammunition which
contains or consists of any flechette dart, any bullet containing or
carrying an explosive agent, any ballistic knife, any multiburst
trigger activator, any nunchaku, any short-barreled shotgun, any
short-barreled rifle, any metal knuckles, any belt buckle knife, any
leaded cane, any zip gun, any shuriken, any unconventional pistol,
any lipstick case knife, any cane sword, any shobi-zue, any air gauge
knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon
of the kind commonly known as a blackjack, slungshot, billy,
sandclub, sap, or sandbag.
   (2) Commencing January 1, 2000, manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, or lends, any large-capacity
magazine.
   (3) Carries concealed upon his or her person any explosive
substance, other than fixed ammunition.
   (4) Carries concealed upon his or her person any dirk or dagger.
   However, a first offense involving any metal military practice
handgrenade or metal replica handgrenade shall be punishable only as
an infraction unless the offender is an active participant in a
criminal street gang as defined in the Street Terrorism and
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1).  A bullet containing or carrying an
explosive agent is not a destructive device as that term is used in
Section 12301.
   (b) Subdivision (a) does not apply to any of the following:
   (1) The sale to, purchase by, or possession of short-barreled
shotguns or short-barreled rifles by police departments, sheriffs'
offices, marshals' offices, the California Highway Patrol, the
Department of Justice, or the military or naval forces of this state
or of the United States for use in the discharge of their official
duties or the possession of short-barreled shotguns and
short-barreled rifles by peace officer members of a police
department, sheriff's office, marshal's office, the California
Highway Patrol, or the Department of Justice when on duty and the use
is authorized by the agency and is within the course and scope of
their duties and the peace officer has completed a training course in
the use of these weapons certified by the Commission on Peace
Officer Standards and Training.
   (2) The manufacture, possession, transportation or sale of
short-barreled shotguns or short-barreled rifles when authorized by
the Department of Justice pursuant to Article 6 (commencing with
Section 12095) of this chapter and not in violation of federal law.
   (3) The possession of a nunchaku on the premises of a school which
holds a regulatory or business license and teaches the arts of
self-defense.
   (4) The manufacture of a nunchaku for sale to, or the sale of a
nunchaku to, a school which holds a regulatory or business license
and teaches the arts of self-defense.
   (5) Any antique firearm.  For purposes of this section, "antique
firearm" means any firearm not designed or redesigned for using
rimfire or conventional center fire ignition with fixed ammunition
and manufactured in or before 1898 (including any matchlock,
flintlock, percussion cap, or similar type of ignition system or
replica thereof, whether actually manufactured before or after the
year 1898) and also any firearm using fixed ammunition manufactured
in or before 1898, for which ammunition is no longer manufactured in
the United States and is not readily available in the ordinary
channels of commercial trade.
   (6) Tracer ammunition manufactured for use in shotguns.
   (7) Any firearm or ammunition which is a curio or relic as defined
in Section 178.11 of Title 27 of the Code of Federal Regulations and
which is in the possession of a person permitted to possess the
items pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant
thereto.  Any person prohibited by Section 12021, 12021.1, or 12101
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code from possessing firearms or ammunition who obtains title to
these items by bequest or intestate succession may retain title for
not more than one year, but actual possession of these items at any
time is punishable pursuant to Section 12021, 12021.1, or 12101 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code.  Within the year, the person shall transfer title to the
firearms or ammunition by sale, gift, or other disposition.  Any
person who violates this paragraph is in violation of subdivision
(a).
   (8) Any other weapon as defined in subsection (e) of Section 5845
of Title 26 of the United States Code and which is in the possession
of a person permitted to possess the weapons pursuant to the federal
Gun Control Act of 1968 (Public Law 90-618), as amended, and the
regulations issued pursuant thereto.  Any person prohibited by
Section 12021, 12021.1, or 12101 of this code or Section 8100 or 8103
of the Welfare and Institutions Code from possessing these weapons
who obtains title to these weapons by bequest or intestate succession
may retain title for not more than one year, but actual possession
of these weapons at any time is punishable pursuant to Section 12021,
12021.1, or 12101 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.  Within the year, the person shall
transfer title to the weapons by sale, gift, or other disposition.
Any person who violates this paragraph is in violation of subdivision
(a).  The exemption provided in this subdivision does not apply to
pen guns.
   (9) Instruments or devices that are possessed by federal, state,
and local historical societies, museums, and institutional
collections which are open to the public, provided that these
instruments or devices are properly housed, secured from unauthorized
handling, and, if the instrument or device is a firearm, unloaded.
   (10) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are possessed or utilized during the
course of a motion picture, television, or video production or
entertainment event by an authorized participant therein in the
course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.
   (11) Instruments or devices, other than short-barreled shotguns or
short-barreled rifles, that are sold by, manufactured by, exposed or
kept for sale by, possessed by, imported by, or lent by persons who
are in the business of selling instruments or devices listed in
subdivision (a) solely to the entities referred to in paragraphs (9)
and (10) when engaging in transactions with those entities.
   (12) The sale to, possession of, or purchase of any weapon,
device, or ammunition, other than a short-barreled rifle or
short-barreled shotgun, by any federal, state, county, city and
county, or city agency that is charged with the enforcement of any
law for use in the discharge of their official duties, or the
possession of any weapon, device, or ammunition, other than a
short-barreled rifle or short-barreled shotgun, by peace officers
thereof when on duty and the use is authorized by the agency and is
within the course and scope of their duties.
   (13) Weapons, devices, and ammunition, other than a short-barreled
rifle or short-barreled shotgun, that are sold by, manufactured by,
exposed or kept for sale by, possessed by, imported by, or lent by,
persons who are in the business of selling weapons, devices, and
ammunition listed in subdivision (a) solely to the entities referred
to in paragraph (12) when engaging in transactions with those
entities.
   (14) The manufacture for, sale to, exposing or keeping for sale
to, importation of, or lending of wooden clubs or batons to special
police officers or uniformed security guards authorized to carry any
wooden club or baton pursuant to Section 12002 by entities that are
in the business of selling wooden batons or clubs to special police
officers and uniformed security guards when engaging in transactions
with those persons.
   (15) Any plastic toy handgrenade, or any metal military practice
handgrenade or metal replica handgrenade that is a relic, curio,
memorabilia, or display item, that is filled with a permanent inert
substance or that is otherwise permanently altered in a manner that
prevents ready modification for use as a grenade.
   (16) Any instrument, ammunition, weapon, or device listed in
subdivision (a) that is not a firearm that is found and possessed by
a person who meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the instrument, ammunition, weapon, or
device no longer than was necessary to deliver or transport the same
to a law enforcement agency for that agency's disposition according
to law.
   (C) If the person is transporting the listed item, he or she is
transporting the listed item to a law enforcement agency for
disposition according to law.
   (17) Any firearm, other than a short-barreled rifle or
short-barreled shotgun, that is found and possessed by a person who
meets all of the following:
   (A) The person is not prohibited from possessing firearms or
ammunition pursuant to Section 12021 or 12021.1 or paragraph (1) of
subdivision (b) of Section 12316 of this code or Section 8100 or 8103
of the Welfare and Institutions Code.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the same to a law enforcement agency for that
agency's disposition according to law.
   (C) If the person is transporting the firearm, he or she is
transporting the firearm to a law enforcement agency for disposition
according to law.
   (D) Prior to transporting the firearm to a law enforcement agency,
he or she has given prior notice to that law enforcement agency that
he or she is transporting the firearm to that law enforcement agency
for disposition according to law.
   (E) The firearm is transported in a locked container as defined in
subdivision (d) of Section 12026.2.
   (18) The possession of any weapon, device, or ammunition, by a
forensic laboratory or any authorized agent or employee thereof in
the course and scope of his or her authorized activities.
   (19) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine to or by any
federal, state, county, city and county, or city agency that is
charged with the enforcement of any law, for use by agency employees
in the discharge of their official duties whether on or off duty, and
where the use is authorized by the agency and is within the course
and scope of their duties.
   (20) The sale to, lending to, transfer to, purchase by, receipt
of, or importation into this state of, a large capacity magazine by a
sworn peace officer as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
   (21) The sale or purchase of any large-capacity magazine to or by
a person licensed pursuant to Section 12071.
   (22) The loan of a lawfully possessed large-capacity magazine
between two individuals if all of the following conditions are met:
   (A) The person being loaned the large-capacity magazine is not
prohibited by Section 12021, 12021.1, or 12101 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms or ammunition.
   (B) The loan of the large-capacity magazine occurs at a place or
location where the possession of the large-capacity magazine is not
otherwise prohibited and the person who lends the large-capacity
magazine remains in the accessible vicinity of the person to whom the
large-capacity magazine is loaned.
   (23) The importation of a large-capacity magazine by a person who
lawfully possessed the large-capacity magazine in the state prior to
January 1, 2000, lawfully took it out of the state, and is returning
to the state with the large-capacity magazine previously lawfully
possessed in the state.
   (24) The lending or giving of any large-capacity magazine to a
person licensed pursuant to Section 12071, or to a gunsmith, for the
purposes of maintenance, repair, or modification of that
large-capacity magazine.
   (25) The return to its owner of any large-capacity magazine by a
person specified in paragraph (24).
   (26) The importation into this state of, or sale of, any
large-capacity magazine by a person who has been issued a permit to
engage in those activities pursuant to Section 12079, when those
activities are in accordance with the terms and conditions of that
permit.
   (27) The sale of, giving of, lending of, importation into this
state of, or purchase of, any large-capacity magazine, to or by
entities that operate armored vehicle businesses pursuant to the laws
of this state.
   (28) The lending of large-capacity magazines by the entities
specified in paragraph (27) to their authorized employees, while in
the course and scope of their employment for purposes that pertain to
the entity's armored vehicle business.
   (29) The return of those large-capacity magazines to those
entities specified in paragraph (27) by those employees specified in
paragraph (28).
   (c) (1) As used in this section, a "short-barreled shotgun" means
any of the following:
   (A) A firearm which is designed or redesigned to fire a fixed
shotgun shell and having a barrel or barrels of less than 18 inches
in length.
   (B) A firearm which has an overall length of less than 26 inches
and which is designed or redesigned to fire a fixed shotgun shell.
   (C) Any weapon made from a shotgun (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 18 inches in length.
   (D) Any device which may be readily restored to fire a fixed
shotgun shell which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, can be readily assembled if
those parts are in the possession or under the control of the same
person.
   (2) As used in this section, a "short-barreled rifle" means any of
the following:
   (A) A rifle having a barrel or barrels of less than 16 inches in
length.
   (B) A rifle with an overall length of less than 26 inches.
   (C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
   (D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
   (E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same
person.
   (3) As used in this section, a "nunchaku" means an instrument
consisting of two or more sticks, clubs, bars or rods to be used as
handles, connected by a rope, cord, wire, or chain, in the design of
a weapon used in connection with the practice of a system of
self-defense such as karate.
   (4) As used in this section, a "wallet gun" means any firearm
mounted or enclosed in a case, resembling a wallet, designed to be or
capable of being carried in a pocket or purse, if the firearm may be
fired while mounted or enclosed in the case.
   (5) As used in this section, a "cane gun" means any firearm
mounted or enclosed in a stick, staff, rod, crutch, or similar
device, designed to be, or capable of being used as, an aid in
walking, if the firearm may be fired while mounted or enclosed
therein.
   (6) As used in this section, a "flechette dart" means a dart,
capable of being fired from a firearm, which measures approximately
one inch in length, with tail fins which take up five-sixteenths of
an inch of the body.
   (7) As used in this section, "metal knuckles" means any device or
instrument made wholly or partially of metal which is worn for
purposes of offense or defense in or on the hand and which either
protects the wearer's hand while striking a blow or increases the
force of impact from the blow or injury to the individual receiving
the blow.  The metal contained in the device may help support the
hand or fist, provide a shield to protect it, or consist of
projections or studs which would contact the individual receiving a
blow.
   (8) As used in this section, a "ballistic knife" means a device
that propels a knifelike blade as a projectile by means of a coil
spring, elastic material, or compressed gas.  Ballistic knife does
not include any device which propels an arrow or a bolt by means of
any common bow, compound bow, crossbow, or underwater spear gun.
   (9) As used in this section, a "camouflaging firearm container"
means a container which meets all of the following criteria:
   (A) It is designed and intended to enclose a firearm.
   (B) It is designed and intended to allow the firing of the
enclosed firearm by external controls while the firearm is in the
container.
   (C) It is not readily recognizable as containing a firearm.
   "Camouflaging firearm container" does not include any camouflaging
covering used while engaged in lawful hunting or while going to or
returning from a lawful hunting expedition.
   (10) As used in this section, a "zip gun" means any weapon or
device which meets all of the following criteria:
   (A) It was not imported as a firearm by an importer licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code and the regulations issued pursuant thereto.
   (B) It was not originally designed to be a firearm by a
manufacturer licensed pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.
   (C) No tax was paid on the weapon or device nor was an exemption
from paying tax on that weapon or device granted under Section 4181
and subchapters F (commencing with Section 4216) and G (commencing
with Section 4221) of Chapter 32 of Title 26 of the United States
Code, as amended, and the regulations issued pursuant thereto.
   (D) It is made or altered to expel a projectile by the force of an
explosion or other form of combustion.
   (11) As used in this section, a "shuriken" means any instrument,
without handles, consisting of a metal plate having three or more
radiating points with one or more sharp edges and designed in the
shape of a polygon, trefoil, cross, star, diamond, or other geometric
shape for use as a weapon for throwing.
   (12) As used in this section, an "unconventional pistol" means a
firearm that does not have a rifled bore and has a barrel or barrels
of less than 18 inches in length or has an overall length of less
than 26 inches.
   (13) As used in this section, a "belt buckle knife" is a knife
which is made an integral part of a belt buckle and consists of a
blade with a length of at least 21/2 inches.
   (14) As used in this section, a "lipstick case knife" means a
knife enclosed within and made an integral part of a lipstick case.
   (15) As used in this section, a "cane sword" means a cane, swagger
stick, stick, staff, rod, pole, umbrella, or similar device, having
concealed within it a blade that may be used as a sword or stiletto.

   (16) As used in this section, a "shobi-zue" means a staff, crutch,
stick, rod, or pole concealing a knife or blade within it which may
be exposed by a flip of the wrist or by a mechanical action.
   (17) As used in this section, a "leaded cane" means a staff,
crutch, stick, rod, pole, or similar device, unnaturally weighted
with lead.
   (18) As used in this section, an "air gauge knife" means a device
that appears to be an air gauge but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended.
   (19) As used in this section, a "writing pen knife" means a device
that appears to be a writing pen but has concealed within it a
pointed, metallic shaft that is designed to be a stabbing instrument
which is exposed by mechanical action or gravity which locks into
place when extended or the pointed, metallic shaft is exposed by the
removal of the cap or cover on the device.
   (20) As used in this section, a "rifle" means a weapon designed or
redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed cartridge to fire only a single
projectile through a rifled bore for each single pull of the trigger.

   (21) As used in this section, a "shotgun" means a weapon designed
or redesigned, made or remade, and intended to be fired from the
shoulder and designed or redesigned and made or remade to use the
energy of the explosive in a fixed shotgun shell to fire through a
smooth bore either a number of projectiles (ball shot) or a single
projectile for each pull of the trigger.
   (22) As used in this section, an "undetectable firearm" means any
weapon which meets one of the following requirements:
   (A) When, after removal of grips, stocks, and magazines, it is not
as detectable as the Security Exemplar, by walk-through metal
detectors calibrated and operated to detect the Security Exemplar.
   (B) When any major component of which, when subjected to
inspection by the types of X-ray machines commonly used at airports,
does not generate an image that accurately depicts the shape of the
component.  Barium sulfate or other compounds may be used in the
fabrication of the component.
   (C) For purposes of this paragraph, the terms "firearm," "major
component," and "Security Exemplar" have the same meanings as those
terms are defined in Section 922 of Title 18 of the United States
Code.
   All firearm detection equipment newly installed in nonfederal
public buildings in this state shall be of a type identified by
either the United States Attorney General, the Secretary of
Transportation, or the Secretary of the Treasury, as appropriate, as
available state-of-the-art equipment capable of detecting an
undetectable firearm, as defined, while distinguishing innocuous
metal objects likely to be carried on one's person sufficient for
reasonable passage of the public.
   (23) As used in this section, a "multiburst trigger activator"
means one of the following devices:
   (A)  A device designed or redesigned to be attached to a
semiautomatic firearm which allows the firearm to discharge two or
more shots in a burst by activating the device.
   (B) A manual or power-driven trigger activating device constructed
and designed so that when attached to a semiautomatic firearm it
increases the rate of fire of that firearm.
   (24) As used in this section, a "dirk" or "dagger" means a knife
or other instrument with or without a handguard that is capable of
ready use as a stabbing weapon that may inflict great bodily injury
or death.  A nonlocking folding knife, a folding knife that is not
prohibited by Section 653k, or a pocketknife is capable of ready use
as a stabbing weapon that may inflict great bodily injury or death
only if the blade of the knife is exposed and locked into position.
   (25) As used in this section, "large-capacity magazine" means any
ammunition feeding device with the capacity to accept more than 10
rounds, but shall not be construed to include a feeding device that
has been permanently altered so that it cannot accommodate more than
10 rounds nor shall it include any ;.22 caliber tube ammunition
feeding device.
   (d) Knives carried in sheaths which are worn openly suspended from
the waist of the wearer are not concealed within the meaning of this
section.
  SEC. 23.  Section 12022.53 of the Penal Code is amended to read:
   12022.53.  (a) This section applies to the following felonies:
   (1) Section 187 (murder).
   (2) Section 203 or 205 (mayhem).
   (3) Section 207, 209, or 209.5 (kidnapping).
   (4) Section 211 (robbery).
   (5) Section 215 (carjacking).
   (6) Section 220 (assault with intent to commit a specified
felony).
   (7) Subdivision (d) of Section 245 (assault with a firearm on a
peace officer or firefighter).
   (8) Section 261 or 262 (rape).
   (9) Section 264.1 (rape or sexual penetration in concert).
   (10) Section 286 (sodomy).
   (11) Section 288 or 288.5 (lewd act on a child).
   (12) Section 288a (oral copulation).
   (13) Section 289 ( sexual penetration).
   (14) Section 4500 (assault by life prisoner).
   (15) Section 4501 (assault by prisoner).
   (16) Section 4503 (holding a hostage by prisoner).
   (17) Any felony punishable by death or imprisonment in the state
prison for life.
   (18) Any attempt to commit a crime listed in this subdivision
other than an assault.
   (b) Notwithstanding any other provision of law, any person who is
convicted of a felony specified in subdivision (a), and who in the
commission of that felony personally used a firearm, shall be
punished by a term of imprisonment of 10 years in the state prison,
which                                           shall be imposed in
addition and consecutive to the punishment prescribed for that
felony.  The firearm need not be operable or loaded for this
enhancement to apply.
   (c) Notwithstanding any other provision of law, any person who is
convicted of a felony specified in subdivision (a), and who in the
commission of that felony intentionally and personally discharged a
firearm, shall be punished by a term of imprisonment of 20 years in
the state prison, which shall be imposed in addition and consecutive
to the punishment prescribed for that felony.
   (d) Notwithstanding any other provision of law, any person who is
convicted of a felony specified in subdivision (a), Section 246, or
subdivision (c) or (d) of Section 12034, and who in the commission of
that felony intentionally and personally discharged a firearm and
proximately caused great bodily injury, as defined in Section
12022.7, or death, to any person other than an accomplice, shall be
punished by a term of imprisonment of 25 years to life in the state
prison, which shall be imposed in addition and consecutive to the
punishment prescribed for that felony.
   (e) (1) The enhancements specified in this section shall apply to
any 'person charged as a principal in the commission of an offense
that includes an allegation pursuant to this section when a violation
of both this section and subdivision (b) of Section 186.22 are pled
and proved.
   (2) An enhancement for participation in a criminal street gang
pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of
Part 1, shall not be imposed on a person in addition to an
enhancement imposed pursuant to this subdivision, unless the person
personally used or personally discharged a firearm in the commission
of the offense.
   (f) Only one additional term of imprisonment under this section
shall be imposed per person for each crime.  If more than one
enhancement per person is found true under this section, the court
shall impose upon that person the enhancement that provides the
longest term of imprisonment.  An enhancement involving a firearm
specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or
12022.55 shall not be imposed on a person in addition to an
enhancement imposed pursuant to this section.  An enhancement for
great bodily injury as defined in Section 12022.7, 12022.8, or
12022.9 shall not be imposed on a person in addition to an
enhancement imposed pursuant to subdivision (d).
   (g) Notwithstanding any other provision of law, probation shall
not be granted to, nor shall the execution or imposition of sentence
be suspended for, any person found to come within the provisions of
this section.
   (h) Notwithstanding Section 1385 or any other provision of law,
the court shall not strike an allegation under this section or a
finding bringing a person within the provisions of this section.
   (i) The total amount of credits awarded pursuant to Article 2.5
(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or
pursuant to Section 4019 or any other provision of law shall not
exceed 15 percent of the total term of imprisonment imposed on a
defendant upon whom a sentence is imposed pursuant to this section.
   (j) For the penalties in this section to apply, the existence of
any fact required under subdivision (b), (c), or (d) shall be alleged
in the information or indictment and either admitted by the
defendant in open court or found to be true by the trier of fact.
When an enhancement specified in this section has been admitted or
found to be true, the court shall impose punishment pursuant to this
section rather than imposing punishment authorized under any other
provision of law, unless another provision of law provides for a
greater penalty or a longer term of imprisonment.
   (k) When a person is found to have used or discharged a firearm in
the commission of an offense that includes an allegation pursuant to
this section and the firearm is owned by that person, a
coparticipant, or a coconspirator, the court shall order that the
firearm be deemed a nuisance and disposed of in the manner provided
in Section 12028.
   (l) The enhancements specified in this section shall not apply to
the lawful use or discharge of a firearm by a public officer, as
provided in Section 196, or by any person in lawful self-defense,
lawful defense of another, or lawful defense of property, as provided
in Sections 197, 198, and 198.5.
  SEC. 24.  Section 12280 of the Penal Code is amended to read:
   12280.  (a) (1) Any person who, within this state, manufactures or
causes to be manufactured, distributes, transports, or imports into
the state, keeps for sale, or offers or exposes for sale, or who
gives or lends any assault weapon, except as provided by this
chapter, is guilty of a felony, and upon conviction shall be punished
by imprisonment in the state prison for four, six, or eight years.
   (2) In addition and consecutive to the punishment imposed under
paragraph (1), any person who transfers, lends, sells, or gives any
assault weapon to a minor in violation of paragraph (1) shall receive
an enhancement of one year.
   (b) Except as provided in Section 12288, and in subdivisions (c)
and (d), any person who, within this state, possesses any assault
weapon, except as provided in this chapter, is guilty of a public
offense and upon conviction shall be punished by imprisonment in the
state prison, or in a county jail, not exceeding one year.  However,
if the person presents proof that he or she lawfully possessed the
assault weapon prior to June 1, 1989, or prior to the date it was
specified as an assault weapon, and has since either registered the
firearm and any other lawfully obtained firearm specified by Section
12276 or 12276.5 pursuant to Section 12285 or relinquished them
pursuant to Section 12288, a first-time violation of this subdivision
shall be an infraction punishable by a fine of up to five hundred
dollars ($500), but not less than three hundred fifty dollars ($350),
if the person has otherwise possessed the firearm in compliance with
subdivision (c) of Section 12285.  In these cases, the firearm shall
be returned unless the court finds in the interest of public safety,
after notice and hearing, that the assault weapon should be
destroyed pursuant to Section 12028.
   (c) A first-time violation of subdivision (b) shall be an
infraction punishable by a fine of up to five hundred dollars ($500),
if the person was found in possession of no more than two firearms
in compliance with subdivision (c) of Section 12285 and the person
meets all of the following conditions:
   (1) The person proves that he or she lawfully possessed the
assault weapon prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
   (2) The person is not found in possession of a firearm specified
as an assault weapon pursuant to Section 12276 or Section 12276.5.
   (3) The person has not previously been convicted of violating this
section.
   (4) The person was found to be in possession of the assault
weapons within one year following the end of the one-year
registration period established pursuant to subdivision (a) of
Section 12285.
   (5) The person has since registered the firearms and any other
lawfully obtained firearms defined by Section 12276.1, pursuant to
Section 12285, except as provided for by this section, or
relinquished them pursuant to Section 12288.
   (d) Firearms seized pursuant to subdivision (c) shall be returned
unless the court finds in the interest of public safety, after notice
and hearing, that the assault weapon should be destroyed pursuant to
Section 12028.
   (e) Notwithstanding Section 654 or any other provision of law, any
person who commits another crime while violating this section may
receive an additional, consecutive punishment of one year for
violating this section in addition and consecutive to the punishment,
including enhancements, which is prescribed for the other crime.
   (f) Subdivisions (a) and (b) shall not apply to the sale to,
purchase by, or possession of assault weapons by the Department of
Justice, police departments, sheriffs' offices, marshals' offices,
the Youth and Adult Corrections Agency, the Department of the
California Highway Patrol, district attorneys' offices, Department of
Fish and Game, Department of Parks and Recreation, or the military
or naval forces of this state or of the United States for use in the
discharge of their official duties.
   (g) Subdivision (b) shall not prohibit the possession or use of
assault weapons by sworn peace officer members of those agencies
specified in subdivision (f) for law enforcement purposes, whether on
or off duty.
   (h) Subdivisions (a) and (b) shall not prohibit the sale or
transfer of assault weapons by an entity specified in subdivision (f)
to a person, upon retirement, who retired as a sworn officer from
that entity.
   (i) Subdivision (b) shall not apply to the possession of an
assault weapon by a retired peace officer who received that assault
weapon pursuant to subdivision (h).
   (j) Subdivision (b) shall not apply to the possession of an
assault weapon, as defined in Section 12276, by any person during the
1990 calendar year, during the 90-day period immediately after the
date it was specified as an assault weapon pursuant to Section
12276.5, or during the one-year period after the date it was defined
as an assault weapon pursuant to Section 12276.1, if all of the
following are applicable:
   (1) The person is eligible under this chapter to register the
particular assault weapon.
   (2) The person lawfully possessed the particular assault weapon
described in paragraph (1) prior to June 1, 1989, if the weapon is
specified as an assault weapon pursuant to Section 12276, or prior to
the date it was specified as an assault weapon pursuant to Section
12276.5, or prior to the date it was defined as an assault weapon
pursuant to Section 12276.1.
   (3) The person is otherwise in compliance with this chapter.
   (k) Subdivisions (a) and (b) shall not apply to the manufacture by
persons who are issued permits pursuant to Section 12287 of assault
weapons for sale to the following:
   (1) Exempt entities listed in subdivision (f).
   (2) Entities and persons who have been issued permits pursuant to
Section 12286.
   (3) Entities outside the state who have, in effect, a federal
firearms dealer's license solely for the purpose of distribution to
an entity listed in paragraphs (4) to (6), inclusive.
   (4) Federal military and law enforcement agencies.
   (5) Law enforcement and military agencies of other states.
   (6) Foreign governments and agencies approved by the United States
State Department.
   (l) Subdivision (a) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (g) or (i) which is disposed of as authorized by the
probate court, if the disposition is otherwise permitted by this
chapter.
   (m) Subdivision (b) shall not apply to a person who is the
executor or administrator of an estate that includes an assault
weapon registered under Section 12285 or that was possessed pursuant
to subdivision (g) or (i), if the assault weapon is possessed at a
place set forth in paragraph (1) of subdivision (c) of Section 12285
or as authorized by the probate court.
   (n) Subdivision (a) shall not apply to:
   (1) A person who lawfully possesses and has registered an assault
weapon pursuant to this chapter who lends that assault weapon to
another if all the following apply:
   (A) The person to whom the assault weapon is lent is 18 years of
age or over and is not in a class of persons prohibited from
possessing firearms by virtue of Section 12021 or 12021.1 of this
code or Section 8100 or 8103 of the Welfare and Institutions Code.
   (B) The person to whom the assault weapon is lent remains in the
presence of the registered possessor of the assault weapon.
   (C) The assault weapon is possessed at any of the following
locations:
   (i) While on a target range that holds a regulatory or business
license for the purpose of practicing shooting at that target range.

   (ii) While on the premises of a target range of a public or
private club or organization organized for the purpose of practicing
shooting at targets.
   (iii) While attending any exhibition, display, or educational
project that is about firearms and that is sponsored by, conducted
under the auspices of, or approved by a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms.
   (2) The return of an assault weapon to the registered possessor
which is lent by the same pursuant to paragraph (1).
   (o) Subdivision (b) shall not apply to the possession of an
assault weapon by a person to whom an assault weapon is lent pursuant
to subdivision (n).
   (p) Subdivisions (a) and (b) shall not apply to the possession and
importation of an assault weapon into this state by a nonresident if
all of the following conditions are met:
   (1) The person is attending or going directly to or coming
directly from an organized competitive match or league competition
that involves the use of an assault weapon.
   (2) The competition or match is conducted on the premises of one
of the following:
   (i) A target range that holds a regulatory or business license for
the purpose of practicing shooting at that target range.
   (ii) A target range of a public or private club or organization
that is organized for the purpose of practicing shooting at targets.

   (3) The match or competition is sponsored by, conducted under the
auspices of, or approved by, a law enforcement agency or a nationally
or state recognized entity that fosters proficiency in, or promotes
education about, firearms.
   (4) The assault weapon is transported in accordance with Section
12026.1 or 12026.2.
   (5) The person is 18 years of age or over and is not in a class of
persons prohibited from possessing firearms by virtue of Section
12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
and Institutions Code.
   (q) Subdivision (b) shall not apply to any of the following
persons:
   (1) A person acting in accordance with Section 12286.
   (2) A person who has a permit to possess an assault weapon issued
pursuant to Section 12286 when he or she is acting in accordance with
Section 12285 or 12286.
   (r) Subdivisions (a) and (b) shall not apply to any of the
following persons:
   (1) A person acting in accordance with Section 12285.
   (2) A person acting in accordance with Section 12286 or 12290.
   (s) Subdivision (b) shall not apply to the registered owner of an
assault weapon possessing that firearm in accordance with subdivision
(c) of Section 12285.
   (t) Subdivision (a) shall not apply to the importation into this
state of an assault weapon by the registered owner of that assault
weapon, if it is in accordance with the provisions of subdivision (c)
of Section 12285.
   (u) As used in this chapter, the date a firearm is an assault
weapon is the earliest of the following:
   (1) The effective date of an amendment to Section 12276 that adds
the designation of the specified firearm.
   (2) The effective date of the list promulgated pursuant to Section
12276.5 that adds or changes the designation of the specified
firearm.
   (3) The operative date of Section 12276.1, as specified in
subdivision (d) of that section.
  SEC. 25.  Section 21221.5 of the Vehicle Code is amended to read:
   21221.5.  Notwithstanding Section 21221, it is unlawful for any
person to operate a motorized scooter upon a highway while under the
influence of an alcoholic beverage or any drug, or under the combined
influence of an alcoholic beverage and any drug.  Any person
arrested for a violation of this section may request to have a
chemical test made of the person's blood or breath for the purpose of
determining the alcoholic or drug content of that person's blood
pursuant to subdivision (d) of Section 23612, and, if so requested,
the arresting officer shall have the test performed.  A conviction of
a violation of this section shall be punished by a fine of not more
than two hundred fifty dollars ($250).
  SEC. 26.  Section 23612 of the Vehicle Code is amended to read:
   23612.  (a) (1) (A) Any person who drives a motor vehicle is
deemed to have given his or her consent to chemical testing of his or
her blood or breath for the purpose of determining the alcoholic
content of his or her blood, if lawfully arrested for any offense
allegedly committed in violation of Section 23140, 23152, or 23153.
If a blood or breath test, or both, are unavailable, then paragraph
(2) of subdivision (d) applies.
   (B) Any person who drives a motor vehicle is deemed to have given
his or her consent to chemical testing of his or her blood or urine
for the purpose of determining the drug content of his or her blood,
if lawfully arrested for any offense allegedly committed in violation
of Section 23140, 23152, or 23153.
   (C) The testing shall be incidental to a lawful arrest and
administered at the direction of a peace officer having reasonable
cause to believe the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153.
   (D) The person shall be told that his or her failure to submit to,
or the failure to complete, the required chemical testing will
result in a fine, mandatory imprisonment if the person is convicted
of a violation of Section 23152 or 23153, and (i) the suspension of
the person's privilege to operate a motor vehicle for a period of one
year, (ii) the revocation of the person's privilege to operate a
motor vehicle for a period of two years if the refusal occurs within
seven years of a separate violation of Section 23103 as specified in
Section 23103.5, or of Section 23140, 23152, or 23153, or of Section
191.5 or paragraph (3) of subdivision (c) of Section 192 of the Penal
Code that resulted in a conviction, or if the person's privilege to
operate a motor vehicle has been suspended or revoked pursuant to
Section 13353, 13353.1, or 13353.2 for an offense that occurred on a
separate occasion, or (iii) the revocation of the person's privilege
to operate a motor vehicle for a period of three years if the refusal
occurs within seven years of two or more separate violations of
Section 23103 as specified in Section 23103.5, or of Section 23140,
23152, or 23153, or of Section 191.5 or paragraph (3) of subdivision
(c) of Section 192 of the Penal Code, or any combination thereof,
that resulted in convictions, or if the person's privilege to operate
a motor vehicle has been suspended or revoked two or more times
pursuant to Section 13353, 13353.1, or 13353.2 for offenses that
occurred on separate occasions, or if there is any combination of
those convictions or administrative suspensions or revocations.
   (2) (A) If the person is lawfully arrested for driving under the
influence of an alcoholic beverage, the person has the choice of
whether the test shall be of his or her blood or breath and the
officer shall advise the person that he or she has that choice.  If
the person arrested either is incapable, or states that he or she is
incapable, of completing the chosen test, the person shall submit to
the remaining test.  If a blood or breath test, or both, are
unavailable, then paragraph (2) of subdivision (d) applies.
   (B) If the person is lawfully arrested for driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug, the person has the choice of whether the test
shall be of his or her blood, breath, or urine, and the officer shall
advise the person that he or she has that choice.
   (C) A person who chooses to submit to a breath test may also be
requested to submit to a blood or urine test if the officer has
reasonable cause to believe that the person was driving under the
influence of any drug or the combined influence of an alcoholic
beverage and any drug and if the officer has a clear indication that
a blood or urine test will reveal evidence of the person being under
the influence.  The officer shall state in his or her report the
facts upon which that belief and that clear indication are based.
The person has the choice of submitting to and completing a blood or
urine test, and the officer shall advise the person that he or she is
required to submit to an additional test and that he or she may
choose a test of either blood or urine.  If the person arrested
either is incapable, or states that he or she is incapable, of
completing either chosen test, the person shall submit to and
complete the other remaining test.
   (3) If the person is lawfully arrested for an offense allegedly
committed in violation of Section 23140, 23152, or 23153, and,
because of the need for medical treatment, the person is first
transported to a medical facility where it is not feasible to
administer a particular test of, or to obtain a particular sample of,
the person's blood, breath, or urine, the person has the choice of
those tests that are available at the facility to which that person
has been transported.  In that case, the officer shall advise the
person of those tests that are available at the medical facility and
that the person's choice is limited to those tests that are
available.
   (4) The officer shall also advise the person that he or she does
not have the right to have an attorney present before stating whether
he or she will submit to a test or tests, before deciding which test
or tests to take, or during administration of the test or tests
chosen, and that, in the event of refusal to submit to a test or
tests, the refusal may be used against him or her in a court of law.

   (5) Any person who is unconscious or otherwise in a condition
rendering him or her incapable of refusal is deemed not to have
withdrawn his or her consent and a test or tests may be administered
whether or not the person is told that his or her failure to submit
to, or the noncompletion of, the test or tests will result in the
suspension or revocation of his or her privilege to operate a motor
vehicle.  Any person who is dead is deemed not to have withdrawn his
or her consent and a test or tests may be administered at the
direction of a peace officer.
   (b) Any person who is afflicted with hemophilia is exempt from the
blood test required by this section.
   (c) Any person who is afflicted with a heart condition and is
using an anticoagulant under the direction of a licensed physician
and surgeon is exempt from the blood test required by this section.
   (d) (1) A person lawfully arrested for any offense allegedly
committed while the person was driving a motor vehicle in violation
of Section 23140, 23152, or 23153 may request the arresting officer
to have a chemical test made of the arrested person's blood or breath
for the purpose of determining the alcoholic content of that person'
s blood, and, if so requested, the arresting officer shall have the
test performed.
   (2) If a blood or breath test is not available under subparagraph
(A) of paragraph (1) of subdivision (a), or under subparagraph (A) of
paragraph (2) of subdivision (a), or under paragraph (1) of this
subdivision, the person shall submit to the remaining test in order
to determine the percent, by weight, of alcohol in the person's
blood.  If both the blood and breath tests are unavailable, the
person shall be deemed to have given his or her consent to chemical
testing of his or her urine and shall submit to a urine test.
   (e) If the person, who has been arrested for a violation of
Section 23140, 23152, or 23153, refuses or fails to complete a
chemical test or tests, or requests that a blood or urine test be
taken, the peace officer, acting on behalf of the department, shall
serve the notice of the order of suspension or revocation of the
person's privilege to operate a motor vehicle personally on the
arrested person.  The notice shall be on a form provided by the
department.
   (f) If the peace officer serves the notice of the order of
suspension or revocation of the person's privilege to operate a motor
vehicle, the peace officer shall take possession of any driver's
license issued by this state which is held by the person.  The
temporary driver's license shall be an endorsement on the notice of
the order of suspension and shall be valid for 30 days from the date
of arrest.
   (g) (1) The peace officer shall immediately forward a copy of the
completed notice of suspension or revocation form and any driver's
license taken into possession under subdivision (f), with the report
required by Section 13380, to the department.  If the person
submitted to a blood or urine test, the peace officer shall forward
the results immediately to the appropriate forensic laboratory.  The
forensic laboratory shall forward the results of the chemical tests
to the department within 15 calendar days of the date of the arrest.

   (2) (A) Notwithstanding any other provision of law, any document
containing data prepared and maintained in the governmental forensic
laboratory computerized data base system that is electronically
transmitted or retrieved through public or private computer networks
to or by the department is the best available evidence of the
chemical test results in all administrative proceedings conducted by
the department.  In order to be admissible as evidence in
administrative proceedings, a document described in this subparagraph
shall bear a certification by the employee of the department who
retrieved the document certifying that the information was received
or retrieved directly from the computerized data base system of a
governmental forensic laboratory and that the document accurately
reflects the data received or retrieved.
   (B) Notwithstanding any other provision of law, the failure of an
employee of the department to certify under subparagraph (A) is not a
public offense.
   (h) A preliminary alcohol screening test that indicates the
presence or concentration of alcohol based on a breath sample in
order to establish reasonable cause to believe the person was driving
a vehicle in violation of Section 23140, 23152, or 23153 is a field
sobriety test and may be used by an officer as a further
investigative tool.
   (i) If the officer decides to use a preliminary alcohol screening
test, the officer shall advise the person that he or she is
requesting that person to take a preliminary alcohol screening test
to assist the officer in determining if that person is under the
influence of alcohol or drugs, or a combination of alcohol and drugs.
  The person's obligation to submit
          to a blood, breath, or urine test, as required by this
section, for the purpose of determining the alcohol or drug content
of that person's blood, is not satisfied by the person submitting to
a preliminary alcohol screening test.  The officer shall advise the
person of that fact and of the person's right to refuse to take the
preliminary alcohol screening test.
  SEC. 27.  Section 727.2 of the Welfare and Institutions Code, as
added by Chapter 995 of the Statutes of 1999, is amended and
renumbered to read:
   727.6.  Where any minor has been adjudged a ward of the court for
the commission of a "sexually violent offense," as defined in Section
6600, and committed to the Department of the Youth Authority, the
ward shall be given sexual offender treatment consistent with
protocols for that treatment developed or implemented by the
Department of the Youth Authority.
  SEC. 28.  Section 727.4 of the Welfare and Institutions Code is
amended to read:
   727.4.  (a) Notice of any hearing pursuant to Section 727 shall be
mailed by the probation officer to the child, the child's parent or
guardian, any adult provider of care to the child including, but not
limited to, foster parents, relative caregivers, preadoptive parents,
community care facility, or foster family agency and to the counsel
of record if the counsel of record was not present at the time that
the hearing was set by the court, by first-class mail addressed to
the last known address of the person to be notified, or shall be
personally served on those persons, not earlier than 30 days nor
later than 15 days preceding the date of the hearing.  The notice
shall contain a statement regarding the nature of the status review
or permanency planning hearing and any change in the custody or
status of the child being recommended by the probation department.
The notice shall also include a statement informing the foster
parents, relative caregivers, or preadoptive parents that he or she
may attend all hearings or may submit any information he or she deems
relevant to the court in writing.  The foster parents, relative
caregiver, and preadoptive parents are entitled to notice and
opportunity to be heard but need not be made parties to the
proceedings.
   (b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court.  The social study report shall
include, but not be limited to, the following information:
   (1) Progress toward goals established in the case plan previously
submitted to the court.
   (2) The extent of progress that has been made toward alleviating
or mitigating the causes necessitating placement in foster care.
   (3) The safety of the child and the continuing necessity for and
appropriateness of the placement.
   (4) A likely date by which the child may be returned to and safely
maintained in the home or placed for adoption or legal guardianship.

   (5) An updated case plan as specified in Section 706.6.
   (6) Whether the child has been or will be referred to educational
services and what services the child is receiving, including special
education and related services if the child has exceptional needs as
described in Part 30 (commencing with Section 56000) of Division 4 of
Title 2 of the Education Code or accommodations if the child has
disabilities as described in Chapter 16 of Title 29 of the United
States Code Annotated.  The social worker or child advocate shall
solicit comments from the appropriate local education agency prior to
completion of the social study.
   (7) Whether the right of the parent or guardian to make
educational decisions for the child should be limited by the court
pursuant to Section 7579.5 of the Government Code.
   (c) The probation department shall inform the child, the child's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
   (d) As used in this section:
   (1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
   (2) "At risk of entering foster care" means that conditions within
a child's family may necessitate his or her entry into foster care
unless those conditions are resolved.
   (3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
   (4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home.
   (5) "Reasonable efforts" are those efforts made to prevent or
eliminate the need for removing the minor from the minor's home, and
efforts to make it possible for the minor to return home, including,
but not limited to, case management, counseling, parenting training,
mentoring programs, vocational training, educational services,
substance abuse treatment, transportation, and therapeutic day
services.
   (6) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
  SEC. 29.  Section 15610.63 of the Welfare and Institutions Code is
amended to read:
   15610.63.  "Physical abuse" means any of the following:
   (a) Assault, as defined in Section 240 of the Penal Code.
   (b) Battery, as defined in Section 242 of the Penal Code.
   (c) Assault with a deadly weapon or force likely to produce great
bodily injury, as defined in Section 245 of the Penal Code.
   (d) Unreasonable physical constraint, or prolonged or continual
deprivation of food or water.
   (e) Sexual assault, that means any of the following:
   (1) Sexual battery, as defined in Section 243.4 of the Penal Code.

   (2) Rape, as defined in Section 261 of the Penal Code.
   (3) Rape in concert, as described in Section 264.1 of the Penal
Code.
   (4) Spousal rape, as defined in Section 262 of the Penal Code.
   (5) Incest, as defined in Section 285 of the Penal Code.
   (6) Sodomy, as defined in Section 286 of the Penal Code.
   (7) Oral copulation, as defined in Section 288a of the Penal Code.

   (8) Sexual penetration, as defined in Section 289 of the Penal
Code.
   (f) Use of a physical or chemical restraint or psychotropic
medication under any of the following conditions:
   (1) For punishment.
   (2) For a period beyond that for which the medication was ordered
pursuant to the instructions of a physician and surgeon licensed in
the State of California, who is providing medical care to the elder
or dependent adult at the time the instructions are given.
   (3) For any purpose not authorized by the physician and surgeon.

  SEC. 30.  The amendments made by Section 22 of this act to Section
12022.53 of the Penal Code are technical only and do not make any
substantive change to that section.
  SEC. 31.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
  SEC. 32.  Any section of any act enacted by the Legislature during
the 2000 calendar year that takes effect on or before January 1,
2001, and that amends, amends and renumbers, adds, repeals and adds,
or repeals any one or more of the sections affected by this act shall
prevail over this act, whether that act is enacted prior to, or
subsequent to, the enactment of this act.  The repeal, or repeal and
addition, of any article, chapter, part, title, or division of any
code by this act shall not become operative if any section of any
other act that is enacted by the Legislature during the 2000 calendar
year and takes effect on or before January 1, 2001, amends, amends
and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.
